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Divorce Laws: Wilful
New Jersey.-Wilful, continued and obstinate desertion for two years; physical incapacity; extreme cruelty.
Required residence, three years. No statutory provision as to remarriage. New Mexico.-Cruel or inhuman treatment; abandonment; habitual drunkenness; neglect on the part of the husband to provide. Required residence, six months.
New York. No absolute divorce is granted except for adultery; the following marriages are voidable; woman under age of sixteen when married without consent of parent or guardian; consent obtained by fraud, force or duress; physical incapacity; idiot or insane. Required residence, one year; where marriage is annulled for any of the above causes, either may remarry, but on absolute divorce granted for adultery, the guilty party shall not marry during life of the other.
North Carolina. - Wife with child at marriage not by or with knowledge of husband; to wife, if husband is indicted for felony and flees from the State and does not return for one year; also to the husband, if wife refuses sexual relations with him for twelve months. Divorces for bed and board are granted for abandonment, maliciously turning the other out of doors; physical incapacity; cruel or barbarous treatment endangering life; indignities to the person as to render condition intolerable; habitual drunkenness.
Residence required, two years. On absolute divorce, either party may marry. North Dakota. -Extreme cruely; wilful desertion; wilful neglect and habitual intemperance; each continued for one year; conviction of felony. Residence required, ninety days. Guilty party cannot marry during lifetime of the other..
Ohio.-Wilful absence for three years; extreme cruelty; physical incapacity; fraudulent contract; gross neglect of duty; habitual drunkenness for three years; imprisonment in penitentiary; divorce procured by either party in another State. Residence required, one year. Either may remarry.
Oklahoma.-Extreme cruelty; wilful desertion; wilful neglect; habitual intemperance, each continued one year; conviction of felony. Residence required, ninety days. Either party may remarry. Oregon. Conviction of felony; habitual, gross drunkenness for one year; wilful desertion for one year; physical incapacity; cruel and inhuman treatment or personal indignities, rendering life burdensome.
Residence required, one year; neither party can marry until after expiration of time for appeal, and in case of appeal not until after judgment on the appeal. Pennsylvania. - Wilful and malicious desertion for two years, or where husband has by cruel and abusive treatment endangered his wife's life or offered such indignities to her person as to render her condition intolerable and life burdensome; and thereby forced her to withdraw from his home and family; where wife, by cruel and barbarous treatment, renders condition of husband intolerable; physical incapacity; fraud, force of coercion in obtaining marriage; conviction of felony and sentence for two or more years.
Residence of one year required. Either party can remarry. Rhode Island.-Any case where marriage was void or voidable by law; where either party is for crime deemed civilly dead, or from absence or other circumstances presumed to be dead; physical incapacity; extreme cruelty; wilful desertion for five years or for a shorter time, indiscretion of court; continued drunkenness; neglect or refusal on part of husband to suitably provide for the wife; or for any other gross misbehavior and wickedness in either of the parties repugnant to or in violation of the marriage covenant.
Residence of one year required. No statutory provision as to remarriage. South Carolina. - No divorce laws.
South Dakota. - Same as North Dakota.
Tennessee. --Wilful or malicious desertion for two years; conviction of infamous crime; conviction for felony and sentence to penitentiary; attempting life of the other; physical incapacity; refusal on part of wife to move into this State, and wilfully absenting herself from husband for two years; woman pregnant at time of marriage not by and without the knowledge of the husband; habitual drunkenness. Divorces from bed and board are granted for cruel and inhuman treatment to wife; indignities to her person, rendering her condition intolerable and forced her to withdraw; abandoned her or turned her out of doors, and refused or neglected to provide for her, Two years' residence required. On absolute divorce either party may marry, but on divorce for adultery the guilty party shall not marry the party with whom crime was committed during lifetime of the other.
Texas. Excesses; cruel treatment or outrages, if of such a nature as to render living together insupportable; adultery; desertion for three years; conviction of felony and imprisonment in State prison.
Residence of six months required; either may marry.
Utah.-Wilful desertion more than one year; wilful neglect to provide for wife; habitual drunkenness; conviction of felony; physical incapacity; cruel treatment to extent of causing great bodily injury or great mental distress. One years' residence required; either party may again marry. Vermont. Sentence to hard labor in State prison for life or three years or more; intolerable severity; wilful desertion three years, or absence seven years unheard of; husband grossly, wantonly and cruelly neglecting to provide for wife; fraud or force in marriage, or either party under age of consent; parties must have lived together in the State.
Petitioner must reside at least one year in State; guilty party shall not marry for three years.