Imágenes de páginas
PDF
EPUB

ratified by her and when she knowingly accepts the benefit therefrom. She may employ her husband to be her agent and may act as his agent. She may make a will as if unmarried, and a will made before marriage is not revoked by marriage. She can make a will in favor of her husband and may also devise to him on condition of his not remarrying.

SEPARATION AND DIVORCE

The law recognizes and provides for divorce between husband and wife for certain causes, the principal one recognized being adultery. In England a divorce for this cause is denied to the wife unless accompanied by cruel treatment. A divorce on the grounds of adultery will never be allowed if the act of adultery was committed by procurement or connivance between the parties; or if it has been forgiven and the parties have voluntarily cohabited after knowledge of its commission; nor where the complainant has also been guilty of a like offense, so that the defendant, if innocent, might have a divorce therefor.

Divorces are of three kinds: First, those granted on the ground of nullity of the marriage contract, five causes being recognized as grounds for such divorce, viz: Lack of legal age; former marriage; lack of mental capacity; force or fraud; and impotence. Generally marriages coming within these prohibitions are considered valid until pronounced void by some court having jurisdiction, and the children of such marriage are legitimate. Lack of mental capacity and impotence, to justify a divorce, must have existed at the time of the marriage. A marriage procured by fraud can be avoided only by the person defrauded.

The second kind of divorce dissolving the marriage contract is called an absolute divorce, or a divorce a vinculo. The principal ground for such divorce is adultery, although many States and countries permit such divorces for various other reasons, such as desertion, drunkenness, and cruel and inhuman treatment.

The third kind of divorce is from bed and board, and is called a limited divorce, or a mensa et thoro. The common law did not permit this divorce to the husband. Such divorce may be granted for a limited time or forever. It is simply a divorce permitting the parties to live separate and apart from each other without molestation. The causes for for such divorce differ greatly in different countries and States, but the main causes are: Cruel and inhuman treatment and non-support; such conduct as renders it unsafe and improper for the parties to cohabit together; and abandonment.

One must look to the statutes of the several States to learn what causes are recognized as grounds for granting of the several divorces allowed therein.

Pending a suit for divorce, the court may, and usually does, grant to the wife pecuniary provision from the husband to enable her to live separately from him, which is called alimony pending the litigation. It may also compel the husband to pay the wife's counsel fee to enable her to prosecute or defend a divorce action. On granting the wife a divorce the court may impose upon the husband the payment of alimony and require him to make provision for the support of his children. It may also, in such case, award the custody of the children to

the wife. If the wife remarries the court may, upon the application of the husband, revoke or reduce the alimony.

Generally, absolute divorce granted to the husband bars dower, and a divorce for the fault of either destroys the wife's right to administer on or share in the husband's personal estate.

Divorce is measured by the law of the domicile. In some States the guilty party is prohibited from marrying again during the lifetime of the other. A marriage or divorce valid according to the law of the State where solemnized or granted, is recognized as valid in every other State, the only question raised in the other State being whether the marriage or divorce is valid according to the law of the other State.

CITIZENSHIP OF WIFE

A woman citizen who marries an alien loses her citizenship, but not her allegiance to this country, unless she removes with her husband to the country of his allegiance. She owes no allegiance, in other words, to his country unless she becomes domiciled therein. Upon the naturalization of her alien husband she again becomes a full citizen, and so upon his death, unnaturalized, if she has never become subject to allegiance to his country. If she became a subject of his native country and returns to this country, and desires to be a citizen, after his death, she must become naturalized.

A woman born in a foreign country becomes a citizen of this country upon her marriage to a citizen; and a woman so foreign born also becomes a citizen upon the naturalization of her husband, pro

vided she be then living with her husband in this country and has resided here a sufficient length of time to be, herself, naturalized. If she resides out of the country at the time of the naturalization of her husband, or has not resided here a sufficient length of time, at such time, to be entitled to naturalization, she must, to become a citizen, be naturalized.

See further treatment of the subject of Citizenship Chap. III, Part III.

CHAPTER X

T

PARENT AND CHILD

HE next relative right in law, and one growing out of the relation of Husband and Wife, is that arising from the relationship of Parent and Child. From such relationship flow various rights, duties and liabilities which the law recognizes and enforces. Children are designated —for the purpose of determining their rights and the rights and responsibilities of the parents, as "legitimate" and "illegitimate."

A child begotten and born in wedlock is a legitimate child, while one begotten and born out of wedlock is termed illegitimate. Legitimacy is favored in law, and illegitimacy will be recognized only when established by clear proof thereof. As a general rule the question of legitimacy is governed by the law pf the domicile of the child's origin. The relation of parent and child is prima facie established if the parents are are recognized as husband and

wife.

At common law the father has the first right to the care, custody, maintenance and nurture of his

« AnteriorContinuar »