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Marriage and Divorce: State
All the States and Territories, except Georgia, Louisiana and Delaware, specify the necessary length of time during which the plaintiff must have lived in the State in order to be able to bring an action for divorce. This period varies from ninety days for South Dakota to five years for Massachusetts. A six months residence will entitle the plaintiff to sue for divorce in Arizona, California, Idaho, Nebraska, Nevada, New Mexico, Texas and Wyoming. A large number of States fix the term at one year. Among these are Colorado, Illinois, Kansas, Missouri, Montana, Oregon, Rhode Island, Washington and Wisconsin. Many of the States provide that the decree shall be invalid, if the plaintiff goes there simply for the purpose of procuring a divorce, but the State, after granting the decree, pays no further attention to the matter, as it is extremely difficult to prove that the plaintiff went to the State for that purpose.
When the plaintiff has selected the State that suits him or her, sufficient proof of the allegations to warrant a divorce under the laws of that particular State must be presented.
In Dakota the following reasons are grounds for divorce: Marital infidelity, which will secure absolute divorce in every State and Territory of the Union, except South Carolina, where divorce is not allowed for any reason; excessive cruelty, wilful desertion and neglect for one year, and habitual intemperance, or extreme cruelty. The courts of Arizona grant a divorce for six months intentional abandonment, for cruel treatment, habitual intemperance, and neglect on the part of the husband to provide for the necessary support of his wife. In Idaho a plaintiff may procure a divorce for extreme cruelty, desertion, neglect and intemperance continuing for one year. In Nebraska the sufficient causes for judicial separation are desertion for two years, habitual drunkenness, extreme cruelty and failure to provide for wife. Nevada severs the marriage tie for one year's desertion, gross drunkenness, if contracted since marriage, for extreme cruelty and for a year's neglect on the part of the husband to provide for his wife. New Mexico dissolves the marriage tie for cruel treatment, abandonment, habitual drunkenness and husband's failure to provide. The courts of Texas give a divorce for such ill-treatment as renders married life unbearable, and for three years' desertion. The laws of Wyoming sever the conjugal relation for one year's wilful desertion, for extreme cruelty, habitual drunkenness, husband's neglect to provide for one year, and for any treatment by the one which renders the life of the other intolerable.
The above States and Territories exhaust the list of those allowing the plaintiff to begin action after a six months' residence.
Arizona, California, Idaho, Nevada, New Mexico, Texas and Wyoming never grant a limited divorce.
Among the States requiring one year's residence on the part of the plaintiff are Washington, Colorado, Montana, Oregon, Illinois, Kansas, Missouri, Wisconsin and Rhode Island.
Wisconsin grants divorce when the husband and wife have lived apart voluntarily for five years.
According to recent government statistics, Connecticut has 11 marriages to one divorce; Massachusetts, 30; Ohio, 20; Rhode Island, 11; Vermont, 16; New Hampshire, 10; Maryland, 62; Kansas, 17; Wisconsin, 21. It is impossible to compute the ratio for the easy divorce States, as the records of the marriages are imperfect. In summing up the divorce statistics for all the States the report says: "Our courts, instead of being careless in the matter of granting decrees, weigh well the causes alleged, and do not grant decrees unless the allegations of the libellants are fully sustained. In about 30 per cent. of the cases of petition a decree has been denied."
The judges are, however, compelled to render their decisions in accordance with law, where the statutes lay down a slight cause as sufficient. Whenever that is proved to exist, the judges must grant the divorce.
PARTNERSHIP.
By partnership is meant the result of a contract, by which two or more persons agree to combine property or labor with a view to a common undertaking, and the securing of a common profit.
The general rule, in relation to partnership, is that all persons of sound mind, and not disqualified by law, may enter into a contract of partnership. Partners may be classed as follows:
Ostensible partners, or those whose names are made public as partners, and who are such in fact, and who take all the benefits and risks; nominal partners, or those who appear before the public as such, but who nevertheless have no real interest in the business; dormant, or silent partners, or those whose names are not known, and who do not appear before the public as partners, but who have, nevertheless, an interest in the business; special partners, or those who are interested in the business only to the amount of the capital they have invested therein; and general partners, or those who manage the business, while the capital, in whole or in part, is. furnished by a special partner or partners.
A nominal partner is held liable for all the debts and contracts of the firm. A dormant partner, should it become known that he has an interest, is equally liable with the other partners, whether the creditors trusted the firm on his account or not. Any act done by any partner, touching the partnership business, renders the partnership firm responsible.
The representation or misrepresentation of any fact by any partner within the scope of the business, binds the firm in that regard. A notice to or by any of the firm is deemed a notice to or by all the members of the firm. Each partner is liable for the entire debts of the firm to third parties. It is necessary in all cases that the articles of partnership should be in writing.
Business must not be transacted in the name of a partner not interested in the firm, and the designation " and Company," or "& Co." when used, must represent an actual partner or partners.
A violation of these provisions is a misdemeanor in New York State and is punishable by a fine, not exceeding $1,000.
Firms having business relations with foreign countries; and firms that have transacted business in this State for five years or more are exceptions to this rule.. But in these cases it is necessary, that a certificate of the change in the persons constituting the partnership, and declaring the persons thus doing business under the partnership name, be made and filed with the county clerk, and published for four consecutive weeks in a newspaper of the town which shall be the principal place of business of such firm. In case a firm fails to comply with these provisions, the law will not aid it in enforcing its contracts.