The United States of America.
The United States as such, that is, in its Federal capacity, has no single system of marriage and divorce laws applicable to all the States and Territories.
The purpose of the Constitution of the United States is to maintain by its federal structure a strong national government, while recognizing each of the States which make up the federation to be so far as is consistent with the motive of the Union, sovereign commonwealth.
When one considers this wonderful federation of States and Territories, with nearly half a hundred separate governments each making and interpreting its domestic laws, and yet all parts of, and working in harmony with, the central or Federal Government, the justice of Gladstone’s tribute to the American Constitution as “the most wonderful work ever struck off at a given time by the brain and purpose of man” is apparent.
The laws of marriage and divorce in the various States and Territories cannot therefore be ascertained from a single legislative or judicial source. The law of the several jurisdictions consists not only of legislative enactments, but of judicial construction and interpretation of such legislation.
Fortunately the tendency is toward uniformity of legislation among the States, especially on the important subject of marriage and divorce, and such differences as exist are pointed out substantially in this chapter when each State or Territory is considered separately.
The Congress, or national legislature, has power to legislate only upon such subjects as the Federal Constitution marks out for it, and all powers not granted to the Federal government remain with the several States.
The regulation of marriage and divorce is one of the most important domestic concerns which remains within the jurisdiction of a State.
Article IV., Section 3, of the Constitution of the United States expressly grants to Congress exclusive power to prescribe laws for the Territories of the United States.
Just as each State has a separate judicial system so the Federal Government has its separate courts, which have no power to interfere with the proceedings or judgments of the State courts unless some principle of the Federal Constitution or a national law is challenged.
Essentials to Marriage.—There are three requisites to a lawful marriage in all of the States and Territories of the United States. These are:
1. First, that the marriage ismonogamous. That is, the Federal courts and the courts of the several States only recognize as a true marriage one which in addition to being valid in other respects is a voluntary union of one man and one woman for life to the exclusion of all others.
2. The parties must be competent according to thelex loci contractus, or the law where the contract was concluded.
3. There must be free consent on the part of both of the contracting parties.
Interstate Comity.—As Wharton points out in his “Conflict of Laws,” marriage is not merely a contract but an international institution of Christendom.
Often complications arise out of some difference between the law of marriage and divorce in theState where a marriage is concluded, or a divorce effected, and the law of the State where one or both of the parties may after the marriage or divorce acquire a domicile. The guiding rule in such cases is that if a marriage or divorce is valid in the State or Territory where it was concluded or effected, it is valid in all of the States and Territories of the United States.
Proof of Marriage.—There are various methods of proving the existence of a marriage.
Where the parties live together ostensibly as husband and wife, demeaning themselves toward each other as such, and are received into society and treated by their friends and relations as having and being entitled to that status, the law will, in favour of morality and decency, presume that they have been legally married. This is the rule accepted with but slight qualifications in all of the States. The cohabitation of the parties coupled with the general reputation of being husband and wife is, however, at the bestprima facieevidence sufficient for the purposes of a civil suit. In criminal prosecutions for adultery or bigamy, marriage is a necessary ingredient of the offence, and must be directly established.
Proof of Marriages Abroad.—In the absence of special statutes requiring a marriage abroad, or in another State to be proven in a particular manner, a foreign marriage can only be established by authenticated copies of the original records, or by proving as a matter of fact what the legal requirements for marriage are in the other country or State, together with proof that such requirements have been complied with. Of course, it is always necessary to identify the parties to any record.
Consanguinity and Affinity.—By an Act of Congress applicable to all the Territories marriagewithin and not including the fourth degree of consanguinity computed according to the civil law is forbidden. This is with but slight variation the rule adopted by each of the States.
Sources of Law.—The laws of marriage in the several States and Territories originate from the law on that subject as it existed in England at the time of the adoption of the Federal Constitution, as subsequently modified by State legislation and local judicial interpretation.
The law of divorce as it exists in the several States is entirely of local creation.
In the remainder of this chapter each State and Territory of the United States and the District of Columbia is considered separately.
Alabama.
Marriage.—The marriageable age for males begins at 17 years and for females at 14 years of age.
Males under twenty-one years and females under eighteen years require the consent of their parents to lawfully conclude marriage.
The essence of marriage which is considered as a civil contract is the free consent of both parties.
Impediments.—The son must not marry his mother or stepmother, or the sister of his father or mother, or the widow of his uncle. The brother must not marry his sister or half-sister, or the daughter of his brother or half-brother, or of his sister or half-sister. The father must not marry his daughter or granddaughter, or the widow of his son. No man shall marry the daughter of his wife, or the daughter of the son or daughter of his wife; and all such marriages are declared incestuous.
Forbidden Marriages.—Bigamous marriages; incestuous marriages; miscegenation—betweenblacks and whites; and marriage of a female compelled by menace, force or duress. Such marriages involve a criminal prosecution.
Celebration.—A marriage may be concluded before any regular minister of religion, any judge of a court of record, or a justice of the peace.
Causes for Absolute Divorce:
1. Impotency.
2. Adultery.
3. Voluntary abandonment from bed and board for two years.
4. Imprisonment in the penitentiary for two years, the sentence being for seven years or longer.
5. The commission of the crime against nature.
6. Habitual drunkenness.
7. In favour of the husband, when the wife was pregnant at the time of marriage without his knowledge or agency.
8. In favour of the wife, when the husband has committed actual violence on her person attended with danger to life or health, or when from his conduct there is reasonable apprehension of such violence.
Limited Divorces.—Decrees of separation from bed and board are granted to either spouse on the ground of cruelty.
Remarriage.—On February 13, 1903, an act was approved making it unlawful for either party to marry again after a decree of divorce has been granted, until after the expiration of the time allowed for taking an appeal (sixty days from the date of the decree), as well as during the pendency of an appeal, if one is taken.
Alaska.
In the Territory of Alaska marriage is deemed a civil contract.
Marriages may be solemnized before a qualified clergyman, judge or magistrate.
Marriage is forbidden between persons who are related to each other within, but not including, the fourth degree of consanguinity. These degrees are computed according to the rules of the Roman Law.
Divorce.—The following are legal causes for an absolute divorce: Impotency existing at the time of marriage and continuing to the commencement of the suit; adultery; conviction of felony; wilful desertion continued for the period of two years, or more; cruel and inhuman treatment calculated to impair health or endanger life; and gross and habitual drunkenness.
Arizona.
Marriage.—In this newly admitted State marriage is treated as a purely civil contract.
A male must be at least eighteen and a female at least fourteen years of age to lawfully contract marriage.
The consent of the parents is required in the case of males under 21 and females under 18.
Consanguinity and Affinity.—All marriages between parents and children, including grandparents and grandchildren of every degree; between brothers and sisters of the half as well as the whole blood; between uncles and nieces, aunts and nephews; and between first cousins are declared to be incestuous and void.
The preceding paragraph extends to illegitimate as well as legitimate children and relations.
Negroes, Mongolians and Indians.—Marriage between whites and negroes, between whites and Mongolians, or between whites and Indians are absolutely void.
Preliminaries.—A marriage license is required.
Celebration.—Marriage may be concluded before any minister of the Gospel, judge of a court of record, or justice of the peace.
Causes for Absolute Divorce:
1. When adultery has been committed by either husband or wife.
2. When one of the parties was physically incompetent at the time of marriage.
3. When the husband or wife is guilty of excesses, cruel treatment, or outrages toward the other.
4. In favour of the husband, when the wife shall have voluntarily left his bed or board for the space of six months with the intention of abandonment.
5. In favour of the wife, when the husband shall have left her for six months with the intention of abandonment.
6. For habitual intemperance.
7. Wilful neglect to provide for his wife the necessaries and comforts of life for six months.
8. When the husband shall have been taken in adultery with another woman.
9. In favour of either husband or wife, when the other shall have been convicted, after marriage, of a felony, and imprisonment in any prison.
Arkansas.
The minimum age for marriage is 17 for males; 14 for females.
Parental consent is required for males under 21 years and females under 18 years of age.
The prohibited degrees are the same as in Alabama.
Causes for Absolute Divorce:
1. Impotency.
2. Desertion for one year.
3. Previous existing marriage.
4. Conviction of felony or infamous crime.
5. Habitual drunkenness continued for one year.
6. Cruel and barbarous treatment endangering life.
7. Indignities which render condition and cohabitation intolerable.
8. Adultery.
Limited Divorce.—Limited divorces are granted for the same causes.
California.
Marriage.—Marriage is defined as a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization authorized by the code. A male must be at least eighteen and a female at least fifteen to conclude marriage.
Parental consent is required if the male is under twenty-one years or the female under eighteen years. Such consent is not required if the minor has been previously lawfully married.
Impediments.—Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews are incestuous and void, whether the relationship is legitimate or illegitimate.
Marriages between white persons and mulattoes or between white persons and Mongolians are prohibited.
Celebration.—Marriages may be celebrated before any justice of the supreme court, any judgeof the superior court, any justice of the peace; or before a priest or minister of the Gospel of any sect.
Husband and Wife.—A married woman may acquire, hold and control property of every description the same as a single woman.
Divorce.—The following are legal causes for an absolute divorce: Adultery; extreme cruelty; wilful desertion; wilful neglect; habitual intemperance; and conviction by either party of a felony.
All decrees of divorce are first grantednisi, and an absolute or final decree cannot be secured until one year after the entry of the decreenisi.
Marriages may be annulled on the following grounds: That the party petitioning for annulment was under age at the date of marriage; that the former husband or wife of either party was living and the former marriage undissolved at the time of the marriage in question; that one of the parties was of unsound mind when the marriage was concluded; that the marriage was procured by fraud; that the marriage was procured by coercion; that at the time of the marriage one of the parties was impotent, and such physical incapacity continues to the date of bringing the suit for annulment.
Colorado.
Marriage.—Marriage is a civil contract. The minimum marriageable age for males and for females has not been fixed by statute.
Parental consent is required for males under 21 years or for females under 18 years.
Impediments.—All marriages between parents and children, including grandparents and grandchildren, of every degree; between brothers andsisters of the half as well as of the whole blood; and between uncles and nieces and aunts and nephews are declared to be incestuous and void. This provision applies to illegitimate as well as to legitimate children.
The statute contains a provision that persons living in that portion of the State acquired from Mexico are permitted to marry according to the custom of that country.
No person can lawfully conclude marriage within one year after divorce.
Marriages are also forbidden between whites and negroes or mulattoes.
A marriage license is required.
Absolute Divorce:
1. Impotency.
2. A husband or wife living.
3. Adultery.
4. Desertion for one year.
5. Cruelty.
6. Failure to support for one year.
7. Habitual drunkenness for one year.
8. Conviction of felony.
District of Columbia.
Marriage.—A civil contract. The minimum age for males is 16 years, for females 14 years.
The consent of the father or mother is necessary in marriages of males under the age of twenty-one years, and of females under the age of eighteen years, unless the party under age has been previously lawfully married.
Impediments.—A man shall not marry his grandmother, grandfather’s wife, wife’s grandmother, father’s sister, mother’s sister, mother, stepmother, wife’s mother, daughter, wife’s daughter, son’s wife, sister, son’s daughter, daughter’sdaughter, son’s son’s wife, daughter’s son’s wife, wife’s son’s daughter, wife’s daughter’s daughter, brother’s daughter, sister’s daughter. A woman shall not marry her grandfather, grandmother’s husband, husband’s grandfather, father’s brother, mother’s brother, father, stepfather, husband’s father, son, husband’s son, daughter’s husband, brother, son’s son, daughter’s son, son’s daughter’s husband, daughter’s daughter’s husband, husband’s son’s son, husband’s daughter’s son, brother’s son, sister’s son.
Celebration.—Marriage may be solemnized before a judge of any court of record, or any justice of the peace, or by any minister or ordained person who has furnished proof of his official capacity to the Supreme Court of the District of Columbia.
Licenses to marry are issued by the clerk of the Supreme Court upon an affidavit showing that the contracting parties are competent and that all the requirements of law have been complied with.
Divorce.—There is only one cause for a divorce, namely, adultery. A judicial separation or divorce from bed and board may be granted because of cruelty, unjustifiable desertion or drunkenness.
Marriages procured by fraud or coercion, or between parties incapable by reason of insanity or non-age of concluding the contract, can be annulled.
Petitioners in matrimonial causes must have been bona fide residents of the District of Columbia before instituting proceedings.
Connecticut.
Marriage.—No age is fixed by statute at which minors are capable of contracting marriage.
The parents or guardians must give consentin writing to the registrar before a license is issued if either party is a minor.
Consanguinity and Affinity.—No man shall marry his mother, grandmother, daughter, granddaughter, sister, aunt, niece, stepmother or stepdaughter; no woman shall marry her father, grandfather, son, grandson, brother, uncle, nephew, stepfather or stepson. All such marriages are declared to be incestuous.
Celebration.—Any ordained clergyman of any State, any judge or justice of the peace may solemnize marriage. No special form of celebration is required.
Annulment.—Whenever, from any cause, any marriage is void the superior court has jurisdiction, upon complaint, to pass a decree declaring it so.
Legitimacy of Children.—Children born before marriage whose parents afterwards intermarry are deemed legitimate and inherit equally with other children.
Divorce.—The Superior Court has exclusive jurisdiction and may grant absolute divorce to any man or woman for the following offences committed by the other: Adultery, fraudulent contract, wilful desertion for three years with total neglect of duty, seven years’ absence unheard from, habitual intemperance, intolerable cruelty, sentence to imprisonment for life, or any infamous crime involving a violation of conjugal duty and punishable by imprisonment in State prison.
Parties divorced may marry again.
There is no limited divorce recognized by the laws of Connecticut.
Delaware.
Marriage.—While no age is fixed by statute as to when males or females may concludemarriage, in case of a marriage under the age of 18 years for males and 16 years for females a divorce can be obtained for fraud for want of age, in the absence of voluntary ratification after reaching that age.
Parental consent is required for males under 21 years and females under 18 years.
Impediments.—Degrees of consanguinity: A man may not marry his mother, father’s sister, mother’s sister, sister, daughter or the daughter of his son or daughter. A woman may not marry her father, father’s brother, mother’s brother, brother, son, or the son of her son or daughter. Degrees of affinity: A man may not marry his father’s wife, son’s wife, son’s daughter, wife’s daughter, or the daughter of his wife’s son or daughter. A woman may not marry her mother’s husband, daughter’s husband, husband’s son, or the son of her husband’s son or daughter.
Marriages between whites and negroes or mulattoes are prohibited.
Causes for Divorce.—They are adultery, bigamy, desertion for two years, habitual drunkenness for two years, extreme cruelty, or conviction after marriage of a crime, followed by continuous imprisonment for two years.
The causes for divorce from bed and board are the same, with the addition of one other, namely, hopeless insanity of the husband.
A marriage may be annulled for any of the following causes, existing at the time of the marriage: Incurable physical impotency; consanguinity; a former husband or wife living at the time of the marriage; fraud, force or coercion; insanity of either party; minority of either party, unless the marriage be confirmed after reaching proper age, to wit.: wife, 16 years; husband, 18 years.
Florida.
Marriage.—In order to be valid marriages must be celebrated before a qualified clergyman, judge, magistrate or notary public.
Parties must be of sound mind, and the male at least seventeen years of age and the female at least fourteen years of age.
Divorce.—Absolute divorce dissolving a marriage is granted by the courts for the following causes:
1. That the parties are within the degrees prohibited by law.
2. That the defendant is naturally impotent.
3. That the defendant has been guilty of adultery.
4. Extreme cruelty by defendant to complainant.
5. Habitual indulgence by defendant in violent and ungovernable temper.
6. Habitual intemperance of defendant.
7. Wilful, obstinate and continued desertion by defendant for one year.
8. That defendant has obtained a divorce in any other State or country.
9. That either party had a husband or wife living at the time of marriage.
Judicial separations or divorces from bed and board are not granted in Florida.
The petitioner called the complainant must have resided in the State two years, except where the defendant has been guilty of the act of adultery in the State, then any citizen of the State may obtain a divorce at any time, and the two years’ residence shall not be required of complainant.
A suit of divorce is commenced by a bill in chancery, and the general chancery practice of the State is followed throughout.
A decree of divorce does not render illegitimate children born of the marriage, except in the case of a decree obtained on the ground that one of the parties had a previous spouse living at the time of the marriage.
Georgia.
Marriage.—The marriageable age for males begins at 17 years and for females at 14 years.
Females under 18 years of age require parental consent.
To be able to contract marriage, a person must be of sound mind, of legal age of consent, and labouring under neither of the following disabilities:
1. Previous marriage undissolved.
2. Nearness of relationship by blood or marriage.
3. Impotency.
To constitute an actual contract of marriage the parties must be consenting thereto voluntarily, and without any fraud practiced upon either.
Impediments.—Marriages between whites and persons of African descent are prohibited.
A man shall not marry his stepmother, or mother-in-law, or daughter-in-law, or stepdaughter, or granddaughter of his wife.
A woman shall not marry her corresponding relatives.
Marriage is forbidden between ascendants and descendants. Any marriage within the Levitical degrees is a criminal offense.
Celebration.—Marriage is a civil contract and no form of solemnization is prescribed by statute.
Divorce.—There are two forms of divorce in Georgia, a total divorce and a divorce from bed and board. The causes for total divorce are:
1. Intermarriage by persons within the prohibited degrees of relationship.
2. Mental incapacity at time of marriage.
3. Impotency at time of marriage.
4. Force, menaces, duress or fraud in obtaining marriage.
5. Pregnancy of wife at time of marriage, unknown to husband.
6. Adultery in either party after marriage.
7. Wilful and continued desertion for term of three years.
8. Conviction for an offense involving moral turpitude where penalty is two years or more in penitentiary.
9. In cases of cruel treatment, or habitual intoxication, jury may grant either total or partial divorce.
Idaho.
Marriage.—The marriageable age for males begins at 18 years and for females at the same age.
Impediments.—Marriage is prohibited between ascendants and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, whether the relationship is legitimate or illegitimate.
Marriage of whites with negroes or mulattoes is also prohibited.
A marriage license is required.
Celebration.—The law prescribes no particular form of solemnization, but the parties must declare in the presence of the celebrant that they take each other as husband and wife. Two witnesses must be present.
Causes for Absolute Divorce:
1. Adultery.
2. Extreme cruelty.
3. Wilful desertion for one year.
4. Wilful neglect for one year.
5. Habitual intemperance for one year.
6. Conviction of felony.
7. Permanent insanity.
There is no limited form of divorce recognized.
Defences:
1. Collusion.
2. Condonation.
3. Recrimination.
Illinois.
Marriage.—To marry with parental consent, males must be at least 18 years and females 16 years of age; without such consent, males must be at least 21 years and females 18 years.
Marriage is a civil contract and may be celebrated before a qualified clergyman or magistrate.
Impediments.—Marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as of the whole blood, between uncles and nieces, aunts and nephews, and between cousins of the first degree are declared to be incestuous and void. This includes illegitimate as well as legitimate children and relations.
Causes for Absolute Divorce:
1. When either party at the time of marriage was and continues to be naturally impotent.
2. When he or she had a wife or husband living at the time of such marriage.
3. When either party has committed adultery subsequent to the marriage.
4. When either party has wilfully deserted or absented himself or herself from the wife or husband, without any reasonable cause, for the space of two years.
5. When either party has been guilty of habitual drunkenness for the space of two years.
6. When either party has attempted the life of the other by poison or other means showing malice.
7. When either party has been guilty of extreme and repeated cruelty.
8. When either party has been convicted of felony or other infamous crime.
Limited divorces are not granted in this State.
Indian Territory.
The laws of marriage and divorce in the Indian Territory are the same as those of Arkansas, except in the matter of marriage impediments, and in a few minor details.
By an Act of Congress applicable to all Territories of the United States, marriages within and not including the four degrees of consanguinity, computed according to the civil law, are forbidden.
Indiana.
Marriage.—Males must be at least 18 years and females 16 years of age.
Marriage is a civil contract which can be celebrated before any qualified clergyman, judge or magistrate.
Impediments.—Marriages between ascendants and descendants, or being persons of nearer kin than second cousin, are prohibited.
A lawful marriage cannot be concluded between a white person and another person possessed of one-eighth or more of negro blood.
Causes for Absolute Divorce:
1. Adultery.
2. Impotency existing at the time of the marriage.
3. Abandonment for two years.
4. Cruel and inhuman treatment of either party by the other.
5. Habitual drunkenness of either party.
6. The failure of the husband to make reasonable provision for his family for a period of two years.
7. The conviction, subsequent to the marriage, in any country, of either party, of an infamous crime.
Limited divorces are granted for husband’s desertion, or failure to support his wife.
Iowa.
Marriage.—A male must be at least 16 and a female 14 to conclude marriage.
Impediments.—The prohibited degrees of consanguinity and affinity are the same as those of Illinois.
Causes for Absolute Divorce:
1. Against the husband when he has committed adultery subsequent to the marriage.
2. When he wilfully deserts his wife and absents himself without a reasonable cause for the space of two years.
3. When he is convicted of a felony after the marriage.
4. When, after marriage, he becomes addicted to habitual drunkenness.
5. When he is guilty of such inhuman treatment as to endanger the life of his wife.
6. Against the wife for the causes above specified, and also when the wife at the time of the marriage was pregnant by another than her husband, unless such husband have an illegitimatechild or children then living, which was unknown to the wife at the time of their marriage.
There is no limited divorce allowed in this State.
Kansas.
Marriage.—No male under 17 years or female under 15 years of age may contract marriage without the consent of their parents and the probate judge of the district.
Impediments.—The prohibited degrees are the same as those of Iowa.
Marriage is a civil contract which may be celebrated before a clergyman or magistrate.
Causes for Divorce.—Abandonment for one year; adultery; impotency; extreme cruelty; fraudulent contract; habitual drunkenness; gross neglect of duty; the conviction of a felony and imprisonment in the penitentiary therefor subsequent to the marriage.
Kentucky.
Marriage.—A male must be at least 14 years and a female 12 years.
Marriages below these ages are prohibited and void, but the courts having general equity jurisdiction may declare void a marriage when the male was under 16, or the female under 14 years of age at the time of the marriage, and the marriage was without the consent of the father, mother, guardian, or other person having the proper charge of his or her person, and has not been ratified by cohabitation after that age.
As a civil contract marriage may be celebrated either civilly or religiously.
Impediments.—Same as in Kansas, with theaddition that marriages between whites and negroes or mulattoes are prohibited.
Causes for Divorce:
1. Abandonment for one year.
2. Adulterous cohabitation.
3. Condemnation for felony.
4. Husband’s confirmed drunkenness.
5. Wife’s habitual drunkenness.
6. Wife’s pregnancy by another man.
7. Adultery on part of wife.
Plaintiff must have been a resident of the State at least one year.
Louisiana.
Marriage.—A civil contract which may be celebrated by a minister, priest, judge or magistrate. No special form required.
Males must be at least 14 years and females 12 years. Parental consent necessary unless minor is twenty-one years of age.
The prohibited degrees of consanguinity and affinity are the same as those of all the Southern States.
Causes for Divorce:
1. Adultery.
2. Condemnation of either spouse for infamous offence.
3. Habitual intemperance.
4. Cruel treatment.
5. Abandonment.
6. Attempt to kill.
7. Public defamation.
8. Flight from justice.
In case of divorce on ground of adultery, the guilty party cannot marry his or her accomplice.
Maine.
Marriage.—Minimum age not fixed by statute. Parental consent necessary for males under 21 years and females under 18 years.
No special form of marriage ceremony required.
Impediments.—Same as those of Massachusetts.
Causes for Absolute Divorce:
1. Adultery.
2. Impotency.
3. Extreme cruelty.
4. Three years’ utter desertion.
5. Gross and confirmed habits of intoxication.
6. Cruel and abusive treatment.
7. When the husband being of sufficient ability, grossly, or wantonly and cruelly, refuses to provide suitable maintenance for his wife.
The procedure and effects of divorce are almost identical with those of Massachusetts.
Maryland.
Marriage.—The minimum age for marriage is not fixed by statute, but parental consent is required for males under 21 years and females under 16 years.
Impediments.—Marriage is prohibited between ascendants and descendants, and collaterally between all persons related by consanguinity and affinity as set forth in the list of impediments in the statement of the law of Massachusetts.
Marriage is also forbidden between whites and negroes, or persons of negro descent.
Formalities.—Marriage licenses are required, and a ceremonial solemnization is essential.
Marriage may be solemnized “by any minister of the Gospel, or other officer or person authorized by the laws of this State to solemnize marriage.”
Causes for Absolute Divorce:
1. The impotence of either party at the time of the marriage.
2. Any cause which renders a marriage nullab initio.
3. Adultery.
4. Abandonment continued uninterruptedly for at least three years.
5. When the woman before marriage has been guilty of illicit carnal intercourse with another man, the same being unknown to her husband at the time of the marriage.
Limited divorces granted for cruelty of treatment.
All divorces are at first grantednisi—provisionally—to become absolute on application six months afterward.
Massachusetts.
Marriage.—The minimum age for marriage is not fixed by law, but males under 21 years and females under 18 years must have parental consent.
Impediments.—No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather’s wife, son’s wife, grandson’s wife, wife’s mother, wife’s grandmother, wife’s daughter, wife’s granddaughter, brother’s daughter, sister’s daughter, father’s sister or mother’s sister.
No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother’s husband, daughter’s husband, granddaughter’s husband, husband’s father, husband’s grandfather, husband’s son, husband’s grandson, brother’s son, sister’s son, father’s brother or mother’s brother.
In all cases in which the relationship is founded on marriage the prohibition continues,notwithstanding the dissolution by death or divorce of the marriage by which the affinity is created, unless the divorce is for a cause which shows such marriage to have been originally unlawful or void.
Formalities.—Marriage may be solemnized by a minister of the Gospel, a duly qualified rabbi, or a justice of the peace. No special form of ceremony is required.
Causes for Absolute Divorce:
1. Adultery.
2. Impotency.
3. Extreme cruelty.
4. Utter desertion continued for three consecutive years next prior to the filing of the libel.
5. Gross and confirmed habits of intoxication caused by the voluntary use of intoxicating liquor, opium or other drugs.
6. Cruel and abusive treatment.
7. On the libel of the wife, when the husband, being of sufficient ability, grossly, or wantonly and cruelly, refuses or neglects to provide suitable maintenance for her.
8. When either party has separated from the other without his or her consent, and has united with a religious sect that professes to believe the relation of husband and wife void or unlawful, and has continued united with such sect or society for three years, refusing during that term to cohabit with the other party.
9. When either party has been sentenced to confinement at hard labour for life or for five years or more in the State prison, or in jail, or house of correction.
Alimony.—Temporary and permanent alimony may be granted to the wife.
Form of Decree.—Decrees of divorces are in the first instancenisi, and become absolute sixmonths afterward upon application; unless the court for sufficient cause, on the petition of any interested party, shall otherwise order.
Michigan.
Marriage.—The minimum age for males is 18 years and for females 16 years. Parental consent is necessary for a female under 18 years.
Prohibited Degrees.—Same as in Massachusetts, with the exception that marriages between first cousins are prohibited in Michigan.
Formalities.—License is required. No particular form of celebration prescribed.
Marriage may be solemnized by any qualified clergyman, judge or justice of the peace.
Causes for Divorce:
1. Adultery.
2. Impotency at time of marriage.
3. Sentence of either party to prison for three years or more.
4. Desertion continued two years.
5. Habitual drunkenness.
6. In the court’s discretion, a divorce may be granted to any resident whose husband or wife has obtained a divorce in another State.
Limited or absolute divorces may also be granted for extreme cruelty; utter desertion for two years; and wanton failure of husband to support his wife.
Minnesota.
Marriage.—The minimum age for males is 18 years, for females 15 years. Parental consent is required for marriage of male under 21 years or female under 18 years.
The prohibited degrees of consanguinity and affinity are the same as in Michigan.
No particular form of marriage ceremony is prescribed, but a license is necessary.
Causes for Divorce:
1. Adultery.
2. Impotency.
3. Cruel and inhuman treatment.
4. Sentence to State prison.
5. Wilful desertion continued for three years.
6. Habitual drunkenness.
Limited divorces are granted to women only on the grounds of husband’s cruelty, abandonment, or such conduct on husband’s part as makes cohabitation unsafe.
Mississippi.
Marriage.—The minimum age for marriage is not fixed by statute. Parental consent is required for males under 21 years and females under 18 years.
The prohibited degrees of relationship are the same as in Massachusetts.
Marriages of whites with negroes, mulattoes, or persons having more than one-eighth negro blood, and marriages between Mongolians, or persons having more than one-eighth Mongolian blood, are prohibited.
Marriage cannot be concluded without a license duly issued. It may be solemnized by either clergyman or magistrate.
Causes for Divorce:
1. Relationship within prohibited degrees.
2. Impotency.
3. Adultery.
4. Sentence to penitentiary.
5. Wilful desertion continued two years.
6. Habitual drunkenness.
7. Pregnancy of the wife at marriage, by another man, unknown to husband.
8. Habitual cruelty.
9. If either party had another husband or wife at time of second marriage.
10. Insanity.
11. Habitual use of opium, morphine or other drug.
Limited divorces are not granted.
Missouri.
Marriage.—The minimum age at which marriage can be concluded is 15 years for males and 12 years for females.
Parental consent is necessary for males under 21 years or females under 18 years.
Prohibited Degrees.—Marriage is forbidden between ascendants and descendants, between brothers and sisters of the half as well as of the whole blood, and between uncles and nieces, and aunts and nephews. This applies to legitimate or illegitimate kindred.
Marriage is also prohibited between whites and negroes.
Formalities.—No particular form of marriage is prescribed, but a license is necessary.
Causes for Divorce:
1. Impotency.
2. Adultery.
3. Absence without reasonable cause for one year.
4. Former marriage undissolved.
5. Conviction of felony or infamous crime.
6. Habitual drunkenness.
7. Cruel treatment.
8. Intolerable indignities.
9. Vagrancy of husband.
10. Conviction prior to marriage by either party of felony or infamous crime, unknown to the other spouse.
11. Pregnancy at time of marriage of wife by another man.
Upon granting a divorce the court will make such direction concerning custody of children, and maintenance of wife, as justice may require.
Montana.
Marriage.—Males cannot marry under 18 years and females under 16 years. If either party is a minor parental consent is required.
Impediments.—Marriages between ancestors and descendants of every degree, between brothers and sisters of whole or half blood, between uncles and nieces, or aunts and nephews, legitimate or illegitimate, are forbidden.
Formalities.—Outside of license, no particular formalities are prescribed.
Causes for Divorce:
1. Adultery.
2. Extreme cruelty.
3. Wilful desertion.
4. Wilful neglect.
5. Habitual intemperance.
6. Conviction of felony.
Nebraska.
Marriage.—Males must be at least 18 and females 16 years of age to conclude marriage. Parental consent is required for males under 21 years and females under 18 years.
Impediments.—Marriages between ascendants and descendants, between brothers and sisters ofwhole or half blood, between uncles and nieces, aunts and nephews, and first cousins of the whole blood, are prohibited.
Celebration.—A marriage license is necessary, but no particular form of celebration is prescribed.
Grounds for Divorce:
1. Adultery.
2. Impotency at time of marriage.
3. Sentence to three years’ imprisonment or more.
4. Abandonment for two years.
5. Habitual drunkenness.
6. Extreme cruelty.
7. Utter desertion.
8. When husband unreasonably and cruelly refuses to provide maintenance for wife.
Limited divorce may be obtained on the three last grounds.
Nevada.
Marriage.—Males cannot marry under 18 years or females under 16 years. Parental consent is required for males under 21 years and females under 18 years.
Prohibited Degrees.—Marriages between persons nearer of kin than second cousins of the whole blood or cousins of the half blood.
Formalities.—No particular form prescribed, but it is unlawful for clergyman or magistrate to solemnize marriage without having a license presented.
Causes for Divorce:
1. Impotency at time of marriage.
2. Adultery.
3. Wilful desertion for one year.
4. Conviction of felony or infamous crime.
5. Habitual drunkenness.
6. Extreme cruelty.
7. Neglect of husband to provide necessaries of life.
Upon granting a decree of divorce the court shall make such other direction regarding disposition of property and custody of children as justice may demand.
New Hampshire.
Marriage.—A male cannot marry under 14 years or a female under 13 years. There is no statutory requirement for parental consent.
Prohibited Degree.—Same as in Massachusetts. Common law marriage is recognized.
Formalities.—License is necessary, but no particular form of ceremony is required.
Causes for Divorce:
1. Impotency.
2. Adultery.
3. Extreme cruelty.
4. Conviction of crime punishable in this State for more than one year.
5. Treatment detrimental to health.
6. Treatment to endanger reason.
7. Three years’ absence.
8. Habitual drunkenness.
9. When either party joins a sect opposed to cohabitation between husband and wife.
10. Desertion for three years.
Upon granting a decree of divorce the court will make such order as to maintenance of wife and custody of children as the facts shall call for.
New Jersey.
Marriage.—No minimum age is fixed for marriage. Males under 21 years and females under 18 years must have consent of parents.
Impediments.—A man shall not marry any of his ancestors or descendants, or his sister, or the daughter of his brother or sister, or the sister of his father or mother, whether such collateral kindred be of the whole or half blood. A woman shall not marry any of her ancestors or descendants, or her brother, or the son of her brother or sister, or the brother of her father or mother, whether such collateral kindred be of the whole or half blood.
Formalities.—A marriage license is necessary only for non-residents of State.
No special form of ceremony is prescribed, except that when solemnized by a religious society it must be according to the rules and usages of such society.
Causes for Divorce:
1. Adultery.
2. Wilful, continued and obstinate desertion for the term of two years.
3. When either party was, at the time of marriage, incapable of consenting thereto and the marriage has not been subsequently ratified.
Limited Divorces.Granted for
1. Desertion.
2. Adultery.
3. Extreme cruelty.
In every case, except for extreme cruelty, the party asking for a limited divorce must allege conscientious scruples against applying for an absolute divorce.
Jurisdiction.—The Court of Chancery has exclusive jurisdiction in divorce matters.
Annulment.—A marriage may be annulled because:
1. One of the parties had another wife or husband living at the time of marriage.
2. When the parties are within the degrees prohibited by law.
New Mexico.
Marriage.—A male must be at least 18 years and a female 15 years to conclude marriage. Parental consent is required for males under 21 years and females under 18 years.
Prohibited Degrees.—Marriage between ascendants and descendants, between brothers and sisters, of whole or half blood, between uncles and aunts, and nieces and nephews are void.
Formalities.—License is necessary. No special form of ceremony required. The marriage may be solemnized by an ordained clergyman, civil magistrate or religious society.
Grounds for Divorce:
1. Adultery.
2. Cruel and inhuman treatment.
3. Abandonment.
4. Habitual drunkenness.
5. Neglect of husband to support his wife.
6. Impotency.
7. Pregnancy by wife, at the time of marriage, by another than her husband, without husband’s knowledge.
8. Conviction and imprisonment for a felony.
New York.
Marriage.—Marriage is a civil contract, to which the consent of the parties capable in law of making the contract is essential. Minors become capable of contracting marriage upon completing their eighteenth year of age. A marriage is void from the time its nullity is declared by a court of competent jurisdiction if either party thereto was under the age of eighteen at the time it was concluded.
Impediments.—Marriage between an ancestor and a descendant, between a brother and sister, of either the whole or half blood, between an uncle and niece, or an aunt and nephew, whether the relatives are legitimate or illegitimate, is incestuous and void.
The defeated party in an action of divorce against whom a decree has been granted on the grounds of adultery is prohibited from marrying again during the lifetime of the successful party. However, the court which granted the decree has power so to modify it as to permit such marriage after five years.
Common Law Marriage.—By an act which became effective April 12, 1901, the law of New York has required a contract of marriage to be signed by the parties and witnesses acknowledged and recorded. Since that time a “common law” marriage, or one established simply by cohabitation and reputation, has not been recognized.
Marriage Licenses.—The legislature of New York, at its session in 1907, passed an act providing for marriage licenses, which became effective January 1, 1908.
Written consent of both parents or guardian must be given to the town or city clerk before he may issue license. If residents of the State, they must personally appear and execute the consent; if non-residents, it must be executed, acknowledged and certified.
Who May Solemnize Marriage.—A clergyman or minister of any religion, or the leader, or the two assistant leaders, of the Society for Ethical Culture in New York City, justices and judges of courts of record, judges of the county courts, justices of the peace, mayors, recorders and aldermen of cities.
Marriage by Contract.—A lawful marriage may be concluded by a written contract of marriage signed by both parties, and at least two witnesses who shall subscribe the same, stating the place of residence of each of the parties and witnesses and the date and place of marriage, and acknowledged by the parties and witnesses in the manner required for the acknowledgment of a conveyance of real estate to entitle the same to be recorded. Such contract shall be filed, within six months after its execution, in the office of the clerk of the town or city in which the marriage was solemnized.
Jews and Quakers.—Marriages among Quakers or Jews may be solemnized in the manner and according to the regulations of their respective societies.
Encouragement of Marriage.—No marriage shall be deemed or adjudged invalid, nor shall the validity thereof be in any way affected on account of any want of authority in any person solemnizing the same, if consummated with a full belief on the part of the persons so married, or either of them, that they were lawfully joined in marriage.
Divorce.—The only cause for absolute divorce is the adultery of either party.
Jurisdiction.—The Supreme Court has exclusive original jurisdiction of actions for divorce.
In an action for absolute divorce, both parties must have been residents of the State when the offense was committed; or must have been married within the State; or the plaintiff must have been a resident when the offense was committed, and also when the action was commenced; or when the offense was committed within the State, the plaintiff must have been a resident when the action was commenced.
Limited Divorce.—A limited divorce, which is equivalent to a judicial separation in England, may be granted because of:
1. The cruel and inhuman treatment of the plaintiff by the defendant.
2. Such conduct, on the part of the defendant toward the plaintiff, as may render it unsafe and improper for the latter to cohabit with the former.
3. The abandonment of the plaintiff by the defendant.
4. When the wife is plaintiff, the neglect or refusal of the defendant to provide for her.
In actions for limited divorce both parties must have been residents of the State when the action was commenced; or when the marriage took place within the State, the plaintiff must have been a resident thereof, when the action was commenced; or when the marriage took place out of the State, the parties must have become residents thereof, and have continued to be such at least one year, and the plaintiff must have been a resident when the action was commenced.
Annulment of Marriage.—An action to procure a decree declaring the marriage contract void and annulling the marriage may be maintained on any of the following grounds:
1. When either party was under the age of legal consent.
2. When either party was an idiot or lunatic.
3. When either party was physically incapable of entering into the marriage state, and such incapacity continues, and is incurable.
4. When the consent of either party was obtained by force, duress or fraud.
5. When either party had a former wife or husband living, the former marriage being in force.
By a woman plaintiff on the following grounds:
1. Where the plaintiff had not attained the age of 16 years at the time of marriage.
2. When the marriage took place without the consent of the parent, guardian, or other person having legal charge of her.
3. Where it was not followed by consummation or cohabitation, and was not ratified after attaining the age of 16 years.
Defences in Divorce Actions.—Divorce will not be granted for the cause of adultery:
1. When the offense alleged has been condoned or forgiven by plaintiff.