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 The Green Bag

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whether divorce shall be permitted

in certain classes of cases, intolerable

at all within its borders and for its own citizens, and, if so, what causes

cruelty, willful desertion for two years, habitual drunkenness; and the same

shall be deemed sufficient. A brief recapitulation of the essential

causes are ground for legal separation

points of the uniform divorce act will be appropriate :—

All suits for divorce shall be brought only in the state where the plaintiff

or the defendant had a bona ﬁde resi dence. When courts are given cognizance of suits where the plaintiﬁ was domiciled in a foreign jurisdiction at the time the cause of complaint arose, relief should not be given. unless the cause of divorce was recognized in such foreign domicil. The same rule applies when the defendant was domiciled

in a foreign jurisdiction. Where jurisdiction for absolute di vorce depends upon the residence of the plaintiﬁ or of the defendant, not less than two years’ residence should

be required where such plaintiﬁ or defendant

has

changed

his

or

her

domicil since the cause of divorce arose. The injured party, husband or wife, should have the option to apply either for an absolute divorce, or for a divorce

from bed and board. The causes for divorce should be restricted to offenses of so serious a character as to defeat the objects of the marital relation. They should never

be left to the discretion of the court.

with the addition of hopeless insanity of the husband at the suit of the wife. This paragraph must be read in the light of the resolution, however, that the causes herein enumerated are those recognized in the great majority of the states, and there was no desire on the part of the Divorce Congress that any state should enlarge its causes of divorce where they were less than those enumerated, and in such states where these causes were recognized they

would prefer to see them reduced rather than increased. When conviction of crime is made a cause, it must be followed by con

tinuous imprisonment for at least two years. Absolute divorces should not be granted for insanity arising after mar riage. Desertion, when a cause, should never be recognized unless persisted in for at least two years.

The defendant should have full oppor tunity, by notice brought home to him,

to have his day in court if his residence is known or can be ascertained. Any one named as a co-respondent

should be given an opportunity to intervene. Hearings and trials should always be before the court and not before any delegated representative of it, and in

Causes for annulment of marriage and for divorce, both absolute and legal separation, are grouped into three

all uncontested cases, and in any other

classes.

a disinterested attorney should be as

Those for annulment of the

where the court may deem it proper,

marriage are such as are usually recog

signed to defend the case.

nized

A decree should not be granted unless the cause is shown by afﬁrmative proof, aside from any admissions on the part of the respondent. A decree dissolving the marriage

in

all

civilized

communities.

Causes for absolute divorce represent

the prevailing sentiment in most of the ' states of the Union. They are as follows: Adultery, bigamy, conviction of crime