Marriage Laws of the United States. (Prepared for The American Almanac by Jerome H. Buck, of the New York Bar.) States and Territories. Alabama... Arizona....... Arkansas. California.. Colorado........ ews, first cousins, whites! Same as Arizona, except as Same as California. to race prohibition, and with additional prohibi tion of marriage between Same as California... Between whites and ne- When either party is under Marriage of female compelled] groes, whites and Mon- first cousins; marriage within one year after divorce. age limit; either party of Same as California, except Same as California. as to Mongolians, and divorce. Ascendants and descend- Marriage between whites Those prohibited.... ants, their wives or hus-, District of Col....Same as South Carolina. and blacks; bigamous Age limit Male. Female. 17 14 18 16 mar Idiocy; consent obtained by Those prohibited.. disability; bigamous mar riages innocently con- Florida.. Georgia.. Idaho.. Ascendants and descendants; *Permanent insanity or Those prohibited.. cles and nieces; aunts and nephews; whites and col ored persons; bigamous Same as Alabama, with the Physical or mental disa-Those prohibited: marriage addition that по man Physical disability; insan- Marriage of female compelled Same as Arizona, except in Insanity or idiocy at time Bigamous marriages; those- that marriage between physical or mental disa bility of either party; Same as Arizona, except as Physical or mental disabil- Those prohibited: marriage prohibition. ity or insanity of either! mar riage: bigamous marriages Same as Arizona, except as Physical disability at the Same as Iowa.. to race prohibition. time of marriage; mar- Same as Delaware. except Those contracted by force Those prohibited; marriage of grand ephews. Male. Female Louisiana........ Same as Alabama, except Below age limit; want of Those prohibited; those conunderstanding; marriages tracted by force... Maine... Maryland..... as to those persons re lated by affinity. by fraud or force. Same as Kentucky, with Below age limit; idiocy; Bigamous marriages; thos the additional prohibition against white and Indian. Same as Alabama, with the, additional prohibition of wives or husbands of ascendants or descendants. bigamous marriages inno- Massachusetts.... Same as Kentucky, except Marriage Michigan... as to race prohibition. of lunatics or idiots; marriage of those under age limit; provided they do not later live together. prohibited, except as to Those prohibited because of Same as Alabama, with ad- Physical disability, insanity, Marriage after divorce within Minnesota....... Those between persons nearer Below age limit; want of Those prohibited; marriage Those prohibited; marriage of female compelled by force, Those prohibited; innocent party marrying two years aunts and nephews; no after divorce, others three Same as Alabama, except as *When either party is in- Those prohibited; marriage with insane female knowing 15 niece, aunt and nephew. Marriage of insane. Nevada.. New Hampshire.. New Jersey..... New Mexico.... New York....... Same as California, except Insanity, physical disability Incestuous and bigamous mar- Same as New Jersey and Same as New Jersey; also Same as New Jersey; also marriage of persons di- North Carolina... Those between persons re lated, nearer than first North Dakota.... Same as Illinois. 121 121 21 18 Marrying a woman under age;j 14 Same as Illinois, and mar-Physical disability; below Those prohibited, except as to Nearer relatives than first Below age limit; marriage Marriage of a female under 18 16 18 15 15 MARRIAGE LAWS OF THE UNITED STATES.-Continued. States and Territories. Prohibited marriages. Rhode Island..... Same as Pennsylvania; ex cept as to cousins; mar- South Carolina... Ascendants or descendants and by consanguinity and af- South Dakota.... Same as Ulinois. Marriage Physical or mental disabil-Those Tennessee. Texas... Utah. Vermont. Virginia.. Washington.... with step-relatives. Ascendants and descend-. ity; marriage induced by Same as New York, except *Physical disability. colored persons; ascend- ants; brothers and sisters; Under 16 for male and 14 Ascendants and descend- Below age limit: mental or ants, their wives or hus- Marriage of those nearer physical disability; mar- West Virginia....Same as Alabama, with the Those prohibited; insanity: Those prohibited and those Ascendants and descend- Same ав Wyoming, and Same as Wyoming.. Same as Hawaii. Below age limit: menial or Same as Philippines. Those prohibited; marriage of| 121 18 14 21 18 181 15 1222223 14 18 18 12 201 17 At common law, consent was necessary for marriage, and this is the rule to-day in the various States. Thus when a person is under age or is insane, or consent is obtained by force or fraud, there is, in the eyes of the law, no consent, and the marriage entered into under these conditions is voidable. State or Territory. Arizona. The Divorce Laws of the United States. Residence required. | 1 year. 1 year.. years (9)..... 1 year..... 1 year (10)...... Michigan.. Minnesota.. Mississippi. 1 year. 1 year.. Causes of Absolute (7) Divorce. Violation of marriage vow (2); physical incapacity; wilful desertion for two years; habitual drunkenness; abusive treatment. To husband when wife pregnant at time of marconviction for felony; cruel and riage without his knowledge or consent. Same as Alabama; additional cause, failure of husband to provide (2 years); desertion for 6 months. Violation of marriage vow; physical incapacity; wilful desertion for one year; habitual drunkenness; felony; cruelty sufficient to render their living together insupportable; former husband or wife living. Violation of marriage vow; wilful desertion or neglect (1 year); habitual drunkenness; felony; cruelty. Violation of marriage vow; wilful desertion for one year; physical in- Violation of marriage vow; physical incapacity; wilful desertion for two Violation of marriage vow; wilful desertion for one year; habitual drunk- Violation of marriage vow; physical incapacity; wilful desertion for three Violation of marriage vow; physical incapacity; wilful desertion for three Violation of marriage vow; physical incapacity; wilful desertion for two Violation of marriage vow; physical incapacity; wilful desertion for one year; habitual drunkenness; felony; cruelty. Violation of marriage vow; physical incapacity: wilful desertion for two years; habitual drunkenness; felony; cruelty; insanity or idiocy at time of marrage. Violation of marriage vow: physical incapacity; wilful desertion for one Violation of marriage vow; physical incapacity; wilful desertion or neglect Violation of marriage vow; physical incapacity; wilful desertion for two Violation of marriage vow; physical incapacity; wilful desertion for two Violation of marriage vow; physical incapacity; wilful desertion for three State or Territory. Oklahoma (8)... | Oregon. Pennsylvania. THE DIVORCE LAWS OF THE UNITED STATES.-Continued. Residence required. 1 year....... 1 year..... 1 year. South Carolina. Tennessee... 6 months. 2 years....... Texas. [tab. 1 year... 1 year.... Vermont. 2 years. Causes for Absolute (7) Divorce, Violation of marriage vow; physical incapacity; wilful desertion for one Has no divorce laws. Violation of marriage vows; physical incapacity; wilful desertion or ne- Violation of marriage vow; wilful desertion for three years; Chinese Violation of marriage vow; grave insults or personal violence actually (1) It is the decision of the courts of Alabama that the Legislature cannot grant divorces (2) Condonation of a violation of the marriage vow, or any collusion or connivance bar a divorce. (3) The concurrent verdict of two juries, at different terms of court, must be obtained before an absolute diForce can be secured in Georgia, (4) If both parties to the action are not residents of the State, five years are required. (5) It is within the discretion of the court to issue a decree for desertion of a shorter period. (6) Article 104. of statute, provides: "Divorce only procures the suspension of the life in common of the spouses. (7) Limited divorce is also granted in Alabama, Arkansas, Delaware, District of Columbia, Georgia, Kentucky, Louisiana, Maryland, Michigan, Nebraska, New Jersey. New York, North Carolina, Rhode Island, Vermont, Virginia, West Virginia and Wisconsin, and, in favor of the wife only, in Minnesota, Pennsylvania and Tennessee. (8) Divorces granted by the Probate Court prior to 1895 have been legalized, but they can now be had only through the District Court. (9) Except in cases of adultery. (10) If the cause for divorce occurred out of the State, two years' residence is required. (11) In case of desertion, two years. (12) When for desertion, three years. A FEDERAL DIVORCE LAW. Of late years the question of a Federal divorce law, or some unification of State divorce laws, has been agitated by churchmen, judges, lawyers and legislators. Bills have been presented to Congress on this subject and amendments to the Federal Constitution have been suggested. So far nothing definite has been done, either toward settling upon a satisfactory code to be adopted by the several States, or in obtaining legislation upon the subject. The present conflicting laws in force in the several States have the effect, it is said, of affording opportunity for fraud and abuse of privileges and often result in serious legal difficultles for persons innocent of any ill intent. L In some States, South Carolina in particular, it is almost impossible for one to secure a legal divorce without being in danger of arrest and conviction for bigamy if a second marriage takes place. Again, in other States, the divorce laws are so lax that it is possible to receive an absolute decree on the simplest grounds and with but a few months' residence in the State. A few years ago a commission on uniform State laws, meeting in Buffalo, adopted a divorce code to be submitted to the Legislatures of the various States. It amounted to nothing, however, for each State felt that it has its right to decide on the question as seemed best, and, there being so much difference of opinion as to what constituted grounds for divorce, no unification could be reached. Hon. Robert W. Tayler. Representative from Ohio, has been particularly active in agitating the movement for a Federal law, believing that unified State laws would not meet the question fully and would still offer too much opportunity for fraud, or offer too many difficulties to people seeking divorce honestly. A Federal law would be more effective, for under its provisions action for divorce would be heard in the district in which the defendant lived, and would settle the question of uniformity once for all. It has been questioned whether Congress has the power to pass such a law, but it has been suggested that the Constitution might be amended by inserting the word "divorce" in the bankruptcy clause, which would give Congress authority to pass a divorce law that would be binding upon all States. |