Divorce

Divorce
"Legal Lexicon":
DIVORCE - The dissolution of a marriage contracted between a man and a woman, by the judgment of a court of competent jurisdiction, or (Obs.) by an act of the legislature. It is so called from the diversity of the minds of those who are married; because such as are divorced go each a different way from the other. Until a decree of divorce be actually made, neither party can treat the other as sole, even in cases where the marriage is utterly null and void for some preexisting cause. A decree of divorce must also be made during the lifetime of both the parties. After the decease of either the marriage will be deemed as legal in all respects.
Divorces are of two kinds: 1. a vinculo matrimonii, which dissolves and totally severs the marriage tie; and, 2. a mensa et thoro, which merely separates the parties.
The divorce a vinculo was never granted by the ecclesiastical law except for the most grave reasons. In England such a divorce bastardizes the issue, and generally speaking, is allowed only on the ground of some preexisting cause, but sometimes by act of parliament for a supervenient cause. When the marriage was dissolved for canonical causes of impediment existing previous to its taking place, it was declared void ab initio.
In the United States, divorces a vinculo are granted by the courts to which such jurisdiction is given, for certain causes particularly provided for by law.
The courts in nearly all the states have power to decree divorces a vinculo, for causes which existed and which were a bar to a lawful marriage, as, precontract, or the existence of a marriage between one of the contracting parties and another person, at the time the marriage sought to be dissolved took place; consanguinity, or that degree of relationship forbidden by law; affinity in some states; impotence, idiocy, lunacy, or other mental imbecility, which renders the party subject to it incapable of making a contract; when the contract was entered into in consequence of fraud.
Secondly, the marriage may be dissolved by divorce for causes which have arisen since the formation of the contract, the principal of which are adultery, cruelty, wilful and malicious desertion for a period of time specified in the acts of the several states; to these are added in some states, conviction of felony or other infamous crime, being a fugitive from justice when charged with an infamous crime. In Tennessee the husband may obtain a divorce when the wife was pregnant at the time of marriage with a child of color; and also when the wife refuses for two years to follow her husband, who has gone to Tennessee to reside. In Kentucky and Maine, where one of the parties has formed a connexion with certain religionists, whose opinions and practices are inconsistent with the marriage duties. And in some states, as Rhode Island and Vermont, for neglect and refusal on the part of the husband (he being of sufficient ability) to provide necessaries for the subsistence of his wife. In others, habitual drunkenness is a sufficient cause.
In some of the states divorces a mensa et thoro are granted for cruelty, desertion, and such like causes, while in others the divorce is a vinculo.
When the divorce is prayed for on the ground of adultery, in some and perhaps in most of the states, it is a good defence, 1st. That the other party has been guilty of the same offence. 2. That the hushand has prostituted his wife, or connived at her amours. 3. That the offended party has been reconciled to the other by either express or implied condonation. 4. That there was no intention to commit adultery, as when the party, supposing his or her first husband or wife dead, married again. 5. That the wife was forced or ravished.
Divorce2

English-Chinese law dictionary (法律英汉双解大词典). 2013.

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  • DIVORCE — Le divorce est la rupture, consacrée par le droit, de l’union conjugale. Ce caractère le distingue nettement de la séparation de corps qui ne rompt pas le lien matrimonial, mais fait seulement disparaître l’obligation de cohabitation, et de la… …   Encyclopédie Universelle

  • DIVORCE — (Heb. גֵּרוּשִׁין), the formal dissolution of the marriage bond. IN THE BIBLE Divorce was accepted as an established custom in ancient Israel (cf. Lev. 21:7, 14; 22:13; Num. 30:10; Deut. 22:19, 29). In keeping with the other cultures of the Near… …   Encyclopedia of Judaism

  • divorce — di·vorce 1 n [Middle French, from Latin divortium, from divortere divertere to leave one s marriage partner, from di away, apart + vertere to turn]: the dissolution of a valid marriage granted esp. on specified statutory grounds (as adultery)… …   Law dictionary

  • divorce — DIVORCE. s. m. Rupture de mariage. Le divorce estoit en usage parmy les Romains. le divorce n est point permis dans le Christianisme. Il se prend parmy nous pour la separation de corps & de biens entre les gens mariez. Ce mari & cette femme ont… …   Dictionnaire de l'Académie française

  • Divorce — Di*vorce , n. [F. divorce, L. divortium, fr. divortere, divertere, to turn different ways, to separate. See {Divert}.] 1. (Law) (a) A legal dissolution of the marriage contract by a court or other body having competent authority. This is properly …   The Collaborative International Dictionary of English

  • divorce — DIVORCE. subs. masc. Séparation de deux époux par la rupture légale du mariage. Le divorce étoit en usage parmi les Juifs et les Romains. Le divorce n est point permis dans le Christianisme, suivant la doctrine catholique. [b]f♛/b] Il se prend… …   Dictionnaire de l'Académie Française 1798

  • Divorce — Di*vorce , v. t. [imp. & p. p. {Divorced}; p. pr. & vb. n. {Divorcing}.] [Cf. F. divorcer. See {Divorce}, n.] 1. To dissolve the marriage contract of, either wholly or partially; to separate by divorce. [1913 Webster] 2. To separate or disunite;… …   The Collaborative International Dictionary of English

  • divorcé — divorcé, ée (di vor sé, sée) part. passé. Qui a fait divorce. Femme divorcée.    Substantivement. Un divorcé. Les divorcés …   Dictionnaire de la Langue Française d'Émile Littré

  • divorce — [də vôrs′] n. [ME & OFr < L divortium < divortere, var. of divertere, to turn different ways: see DIVERSE] 1. legal and formal dissolution of a marriage 2. any complete separation or disunion vt. divorced, divorcing 1. to dissolve legally a …   English World dictionary

  • Divorce Me C.O.D. — Divorce Me C.O.D. is a 1946 song by Merle Travis. The song was Merle Travis first release to make it to number one on the Folk Juke Box charts where it stayed for fourteen weeks and a total of twenty three weeks on the chart [1]. The B side of… …   Wikipedia

  • divorce — DIVORCE: Si Napoléon n avait pas divorcé, il serait encore sur le trône …   Dictionnaire des idées reçues

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