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The United States Of America

from Japanese Fairy Tales





The United States as such, that is, in its Federal capacity, has no single
system of marriage and divorce laws applicable to all the States and
Territories.

The purpose of the Constitution of the United States is to maintain by its
federal structure a strong national government, while recognizing each of
the States which make up the federation to be so far as is consistent with
the motive of the Union, sovereign commonwealth.

When one considers this wonderful federation of States and Territories,
with nearly half a hundred separate governments each making and
interpreting its domestic laws, and yet all parts of, and working in
harmony with, the central or Federal Government, the justice of
Gladstone's tribute to the American Constitution as "the most wonderful
work ever struck off at a given time by the brain and purpose of man" is
apparent.

The laws of marriage and divorce in the various States and Territories
cannot therefore be ascertained from a single legislative or judicial
source. The law of the several jurisdictions consists not only of
legislative enactments, but of judicial construction and interpretation of
such legislation.

Fortunately the tendency is toward uniformity of legislation among the
States, especially on the important subject of marriage and divorce, and
such differences as exist are pointed out substantially in this chapter
when each State or Territory is considered separately.

The Congress, or national legislature, has power to legislate only upon
such subjects as the Federal Constitution marks out for it, and all powers
not granted to the Federal government remain with the several States.

The regulation of marriage and divorce is one of the most important
domestic concerns which remains within the jurisdiction of a State.

Article IV., Section 3, of the Constitution of the United States expressly
grants to Congress exclusive power to prescribe laws for the Territories
of the United States.

Just as each State has a separate judicial system so the Federal
Government has its separate courts, which have no power to interfere with
the proceedings or judgments of the State courts unless some principle of
the Federal Constitution or a national law is challenged.

ESSENTIALS TO MARRIAGE.--There are three requisites to a lawful marriage
in all of the States and Territories of the United States. These are:

1. First, that the marriage is monogamous. That is, the Federal courts
and the courts of the several States only recognize as a true marriage one
which in addition to being valid in other respects is a voluntary union of
one man and one woman for life to the exclusion of all others.

2. The parties must be competent according to the lex loci contractus,
or the law where the contract was concluded.

3. There must be free consent on the part of both of the contracting
parties.

INTERSTATE COMITY.--As Wharton points out in his "Conflict of Laws,"
marriage is not merely a contract but an international institution of
Christendom.

Often complications arise out of some difference between the law of
marriage and divorce in the State where a marriage is concluded, or a
divorce effected, and the law of the State where one or both of the
parties may after the marriage or divorce acquire a domicile. The guiding
rule in such cases is that if a marriage or divorce is valid in the State
or Territory where it was concluded or effected, it is valid in all of the
States and Territories of the United States.

PROOF OF MARRIAGE.--There are various methods of proving the existence of
a marriage.

Where the parties live together ostensibly as husband and wife, demeaning
themselves toward each other as such, and are received into society and
treated by their friends and relations as having and being entitled to
that status, the law will, in favour of morality and decency, presume that
they have been legally married. This is the rule accepted with but slight
qualifications in all of the States. The cohabitation of the parties
coupled with the general reputation of being husband and wife is, however,
at the best prima facie evidence sufficient for the purposes of a civil
suit. In criminal prosecutions for adultery or bigamy, marriage is a
necessary ingredient of the offence, and must be directly established.

PROOF OF MARRIAGES ABROAD.--In the absence of special statutes requiring a
marriage abroad, or in another State to be proven in a particular manner,
a foreign marriage can only be established by authenticated copies of the
original records, or by proving as a matter of fact what the legal
requirements for marriage are in the other country or State, together with
proof that such requirements have been complied with. Of course, it is
always necessary to identify the parties to any record.

CONSANGUINITY AND AFFINITY.--By an Act of Congress applicable to all the
Territories marriage within and not including the fourth degree of
consanguinity computed according to the civil law is forbidden. This is
with but slight variation the rule adopted by each of the States.

SOURCES OF LAW.--The laws of marriage in the several States and
Territories originate from the law on that subject as it existed in
England at the time of the adoption of the Federal Constitution, as
subsequently modified by State legislation and local judicial
interpretation.

The law of divorce as it exists in the several States is entirely of local
creation.

In the remainder of this chapter each State and Territory of the United
States and the District of Columbia is considered separately.


ALABAMA.

MARRIAGE.--The marriageable age for males begins at 17 years and for
females at 14 years of age.

Males under twenty-one years and females under eighteen years require the
consent of their parents to lawfully conclude marriage.

The essence of marriage which is considered as a civil contract is the
free consent of both parties.

IMPEDIMENTS.--The son must not marry his mother or stepmother, or the
sister of his father or mother, or the widow of his uncle. The brother
must not marry his sister or half-sister, or the daughter of his brother
or half-brother, or of his sister or half-sister. The father must not
marry his daughter or granddaughter, or the widow of his son. No man shall
marry the daughter of his wife, or the daughter of the son or daughter of
his wife; and all such marriages are declared incestuous.

FORBIDDEN MARRIAGES.--Bigamous marriages; incestuous marriages;
miscegenation--between blacks and whites; and marriage of a female
compelled by menace, force or duress. Such marriages involve a criminal
prosecution.

CELEBRATION.--A marriage may be concluded before any regular minister of
religion, any judge of a court of record, or a justice of the peace.

CAUSES FOR ABSOLUTE DIVORCE:

1. Impotency.

2. Adultery.

3. Voluntary abandonment from bed and board for two years.

4. Imprisonment in the penitentiary for two years, the sentence being for
seven years or longer.

5. The commission of the crime against nature.

6. Habitual drunkenness.

7. In favour of the husband, when the wife was pregnant at the time of
marriage without his knowledge or agency.

8. In favour of the wife, when the husband has committed actual violence
on her person attended with danger to life or health, or when from his
conduct there is reasonable apprehension of such violence.

LIMITED DIVORCES.--Decrees of separation from bed and board are granted to
either spouse on the ground of cruelty.

REMARRIAGE.--On February 13, 1903, an act was approved making it unlawful
for either party to marry again after a decree of divorce has been
granted, until after the expiration of the time allowed for taking an
appeal (sixty days from the date of the decree), as well as during the
pendency of an appeal, if one is taken.


ALASKA.

In the Territory of Alaska marriage is deemed a civil contract.

Marriages may be solemnized before a qualified clergyman, judge or
magistrate.

Marriage is forbidden between persons who are related to each other
within, but not including, the fourth degree of consanguinity. These
degrees are computed according to the rules of the Roman Law.

DIVORCE.--The following are legal causes for an absolute divorce:
Impotency existing at the time of marriage and continuing to the
commencement of the suit; adultery; conviction of felony; wilful desertion
continued for the period of two years, or more; cruel and inhuman
treatment calculated to impair health or endanger life; and gross and
habitual drunkenness.


ARIZONA.

MARRIAGE.--In this newly admitted State marriage is treated as a purely
civil contract.

A male must be at least eighteen and a female at least fourteen years of
age to lawfully contract marriage.

The consent of the parents is required in the case of males under 21 and
females under 18.

CONSANGUINITY AND AFFINITY.--All marriages between parents and children,
including grandparents and grandchildren of every degree; between brothers
and sisters of the half as well as the whole blood; between uncles and
nieces, aunts and nephews; and between first cousins are declared to be
incestuous and void.

The preceding paragraph extends to illegitimate as well as legitimate
children and relations.

NEGROES, MONGOLIANS AND INDIANS.--Marriage between whites and negroes,
between whites and Mongolians, or between whites and Indians are
absolutely void.

PRELIMINARIES.--A marriage license is required.

CELEBRATION.--Marriage may be concluded before any minister of the Gospel,
judge of a court of record, or justice of the peace.

CAUSES FOR ABSOLUTE DIVORCE:

1. When adultery has been committed by either husband or wife.

2. When one of the parties was physically incompetent at the time of
marriage.

3. When the husband or wife is guilty of excesses, cruel treatment, or
outrages toward the other.

4. In favour of the husband, when the wife shall have voluntarily left his
bed or board for the space of six months with the intention of
abandonment.

5. In favour of the wife, when the husband shall have left her for six
months with the intention of abandonment.

6. For habitual intemperance.

7. Wilful neglect to provide for his wife the necessaries and comforts of
life for six months.

8. When the husband shall have been taken in adultery with another woman.

9. In favour of either husband or wife, when the other shall have been
convicted, after marriage, of a felony, and imprisonment in any prison.


ARKANSAS.

The minimum age for marriage is 17 for males; 14 for females.

Parental consent is required for males under 21 years and females under 18
years of age.

The prohibited degrees are the same as in Alabama.

CAUSES FOR ABSOLUTE DIVORCE:

1. Impotency.

2. Desertion for one year.

3. Previous existing marriage.

4. Conviction of felony or infamous crime.

5. Habitual drunkenness continued for one year.

6. Cruel and barbarous treatment endangering life.

7. Indignities which render condition and cohabitation intolerable.

8. Adultery.

LIMITED DIVORCE.--Limited divorces are granted for the same causes.


CALIFORNIA.

MARRIAGE.--Marriage is defined as a personal relation arising out of a
civil contract, to which the consent of parties capable of making it is
necessary. Consent alone will not constitute marriage; it must be followed
by a solemnization authorized by the code. A male must be at least
eighteen and a female at least fifteen to conclude marriage.

Parental consent is required if the male is under twenty-one years or the
female under eighteen years. Such consent is not required if the minor has
been previously lawfully married.

IMPEDIMENTS.--Marriages between parents and children, ancestors and
descendants of every degree, and between brothers and sisters of the half
as well as the whole blood, and between uncles and nieces or aunts and
nephews are incestuous and void, whether the relationship is legitimate or
illegitimate.

Marriages between white persons and mulattoes or between white persons and
Mongolians are prohibited.

CELEBRATION.--Marriages may be celebrated before any justice of the
supreme court, any judge of the superior court, any justice of the peace;
or before a priest or minister of the Gospel of any sect.

HUSBAND AND WIFE.--A married woman may acquire, hold and control property
of every description the same as a single woman.

DIVORCE.--The following are legal causes for an absolute divorce:
Adultery; extreme cruelty; wilful desertion; wilful neglect; habitual
intemperance; and conviction by either party of a felony.

All decrees of divorce are first granted nisi, and an absolute or final
decree cannot be secured until one year after the entry of the decree
nisi.

Marriages may be annulled on the following grounds: That the party
petitioning for annulment was under age at the date of marriage; that the
former husband or wife of either party was living and the former marriage
undissolved at the time of the marriage in question; that one of the
parties was of unsound mind when the marriage was concluded; that the
marriage was procured by fraud; that the marriage was procured by
coercion; that at the time of the marriage one of the parties was
impotent, and such physical incapacity continues to the date of bringing
the suit for annulment.


COLORADO.

MARRIAGE.--Marriage is a civil contract. The minimum marriageable age for
males and for females has not been fixed by statute.

Parental consent is required for males under 21 years or for females under
18 years.

IMPEDIMENTS.--All marriages between parents and children, including
grandparents and grandchildren, of every degree; between brothers and
sisters of the half as well as of the whole blood; and between uncles and
nieces and aunts and nephews are declared to be incestuous and void. This
provision applies to illegitimate as well as to legitimate children.

The statute contains a provision that persons living in that portion of
the State acquired from Mexico are permitted to marry according to the
custom of that country.

No person can lawfully conclude marriage within one year after divorce.

Marriages are also forbidden between whites and negroes or mulattoes.

A marriage license is required.

ABSOLUTE DIVORCE:

1. Impotency.

2. A husband or wife living.

3. Adultery.

4. Desertion for one year.

5. Cruelty.

6. Failure to support for one year.

7. Habitual drunkenness for one year.

8. Conviction of felony.


DISTRICT OF COLUMBIA.

MARRIAGE.--A civil contract. The minimum age for males is 16 years, for
females 14 years.

The consent of the father or mother is necessary in marriages of males
under the age of twenty-one years, and of females under the age of
eighteen years, unless the party under age has been previously lawfully
married.

IMPEDIMENTS.--A man shall not marry his grandmother, grandfather's wife,
wife's grandmother, father's sister, mother's sister, mother, stepmother,
wife's mother, daughter, wife's daughter, son's wife, sister, son's
daughter, daughter's daughter, son's son's wife, daughter's son's wife,
wife's son's daughter, wife's daughter's daughter, brother's daughter,
sister's daughter. A woman shall not marry her grandfather, grandmother's
husband, husband's grandfather, father's brother, mother's brother,
father, stepfather, husband's father, son, husband's son, daughter's
husband, brother, son's son, daughter's son, son's daughter's husband,
daughter's daughter's husband, husband's son's son, husband's daughter's
son, brother's son, sister's son.

CELEBRATION.--Marriage may be solemnized before a judge of any court of
record, or any justice of the peace, or by any minister or ordained person
who has furnished proof of his official capacity to the Supreme Court of
the District of Columbia.

Licenses to marry are issued by the clerk of the Supreme Court upon an
affidavit showing that the contracting parties are competent and that all
the requirements of law have been complied with.

DIVORCE.--There is only one cause for a divorce, namely, adultery. A
judicial separation or divorce from bed and board may be granted because
of cruelty, unjustifiable desertion or drunkenness.

Marriages procured by fraud or coercion, or between parties incapable by
reason of insanity or non-age of concluding the contract, can be annulled.

Petitioners in matrimonial causes must have been bona fide residents of
the District of Columbia before instituting proceedings.


CONNECTICUT.

MARRIAGE.--No age is fixed by statute at which minors are capable of
contracting marriage.

The parents or guardians must give consent in writing to the registrar
before a license is issued if either party is a minor.

CONSANGUINITY AND AFFINITY.--No man shall marry his mother, grandmother,
daughter, granddaughter, sister, aunt, niece, stepmother or stepdaughter;
no woman shall marry her father, grandfather, son, grandson, brother,
uncle, nephew, stepfather or stepson. All such marriages are declared to
be incestuous.

CELEBRATION.--Any ordained clergyman of any State, any judge or justice of
the peace may solemnize marriage. No special form of celebration is
required.

ANNULMENT.--Whenever, from any cause, any marriage is void the superior
court has jurisdiction, upon complaint, to pass a decree declaring it so.

LEGITIMACY OF CHILDREN.--Children born before marriage whose parents
afterwards intermarry are deemed legitimate and inherit equally with other
children.

DIVORCE.--The Superior Court has exclusive jurisdiction and may grant
absolute divorce to any man or woman for the following offences committed
by the other: Adultery, fraudulent contract, wilful desertion for three
years with total neglect of duty, seven years' absence unheard from,
habitual intemperance, intolerable cruelty, sentence to imprisonment for
life, or any infamous crime involving a violation of conjugal duty and
punishable by imprisonment in State prison.

Parties divorced may marry again.

There is no limited divorce recognized by the laws of Connecticut.


DELAWARE.

MARRIAGE.--While no age is fixed by statute as to when males or females
may conclude marriage, in case of a marriage under the age of 18 years
for males and 16 years for females a divorce can be obtained for fraud for
want of age, in the absence of voluntary ratification after reaching that
age.

Parental consent is required for males under 21 years and females under 18
years.

IMPEDIMENTS.--Degrees of consanguinity: A man may not marry his mother,
father's sister, mother's sister, sister, daughter or the daughter of his
son or daughter. A woman may not marry her father, father's brother,
mother's brother, brother, son, or the son of her son or daughter. Degrees
of affinity: A man may not marry his father's wife, son's wife, son's
daughter, wife's daughter, or the daughter of his wife's son or daughter.
A woman may not marry her mother's husband, daughter's husband, husband's
son, or the son of her husband's son or daughter.

Marriages between whites and negroes or mulattoes are prohibited.

CAUSES FOR DIVORCE.--They are adultery, bigamy, desertion for two years,
habitual drunkenness for two years, extreme cruelty, or conviction after
marriage of a crime, followed by continuous imprisonment for two years.

The causes for divorce from bed and board are the same, with the addition
of one other, namely, hopeless insanity of the husband.

A marriage may be annulled for any of the following causes, existing at
the time of the marriage: Incurable physical impotency; consanguinity; a
former husband or wife living at the time of the marriage; fraud, force or
coercion; insanity of either party; minority of either party, unless the
marriage be confirmed after reaching proper age, to wit.: wife, 16 years;
husband, 18 years.


FLORIDA.

MARRIAGE.--In order to be valid marriages must be celebrated before a
qualified clergyman, judge, magistrate or notary public.

Parties must be of sound mind, and the male at least seventeen years of
age and the female at least fourteen years of age.

DIVORCE.--Absolute divorce dissolving a marriage is granted by the courts
for the following causes:

1. That the parties are within the degrees prohibited by law.

2. That the defendant is naturally impotent.

3. That the defendant has been guilty of adultery.

4. Extreme cruelty by defendant to complainant.

5. Habitual indulgence by defendant in violent and ungovernable temper.

6. Habitual intemperance of defendant.

7. Wilful, obstinate and continued desertion by defendant for one year.

8. That defendant has obtained a divorce in any other State or country.

9. That either party had a husband or wife living at the time of marriage.

Judicial separations or divorces from bed and board are not granted in
Florida.

The petitioner called the complainant must have resided in the State two
years, except where the defendant has been guilty of the act of adultery
in the State, then any citizen of the State may obtain a divorce at any
time, and the two years' residence shall not be required of complainant.

A suit of divorce is commenced by a bill in chancery, and the general
chancery practice of the State is followed throughout.

A decree of divorce does not render illegitimate children born of the
marriage, except in the case of a decree obtained on the ground that one
of the parties had a previous spouse living at the time of the marriage.


GEORGIA.

MARRIAGE.--The marriageable age for males begins at 17 years and for
females at 14 years.

Females under 18 years of age require parental consent.

To be able to contract marriage, a person must be of sound mind, of legal
age of consent, and labouring under neither of the following disabilities:

1. Previous marriage undissolved.

2. Nearness of relationship by blood or marriage.

3. Impotency.

To constitute an actual contract of marriage the parties must be
consenting thereto voluntarily, and without any fraud practiced upon
either.

IMPEDIMENTS.--Marriages between whites and persons of African descent are
prohibited.

A man shall not marry his stepmother, or mother-in-law, or
daughter-in-law, or stepdaughter, or granddaughter of his wife.

A woman shall not marry her corresponding relatives.

Marriage is forbidden between ascendants and descendants. Any marriage
within the Levitical degrees is a criminal offense.

CELEBRATION.--Marriage is a civil contract and no form of solemnization is
prescribed by statute.

DIVORCE.--There are two forms of divorce in Georgia, a total divorce and a
divorce from bed and board. The causes for total divorce are:

1. Intermarriage by persons within the prohibited degrees of
relationship.

2. Mental incapacity at time of marriage.

3. Impotency at time of marriage.

4. Force, menaces, duress or fraud in obtaining marriage.

5. Pregnancy of wife at time of marriage, unknown to husband.

6. Adultery in either party after marriage.

7. Wilful and continued desertion for term of three years.

8. Conviction for an offense involving moral turpitude where penalty is
two years or more in penitentiary.

9. In cases of cruel treatment, or habitual intoxication, jury may grant
either total or partial divorce.


IDAHO.

MARRIAGE.--The marriageable age for males begins at 18 years and for
females at the same age.

IMPEDIMENTS.--Marriage is prohibited between ascendants and descendants of
every degree, and between brothers and sisters of the half as well as the
whole blood, and between uncles and nieces, or aunts and nephews, whether
the relationship is legitimate or illegitimate.

Marriage of whites with negroes or mulattoes is also prohibited.

A marriage license is required.

CELEBRATION.--The law prescribes no particular form of solemnization, but
the parties must declare in the presence of the celebrant that they take
each other as husband and wife. Two witnesses must be present.

CAUSES FOR ABSOLUTE DIVORCE:

1. Adultery.

2. Extreme cruelty.

3. Wilful desertion for one year.

4. Wilful neglect for one year.

5. Habitual intemperance for one year.

6. Conviction of felony.

7. Permanent insanity.

There is no limited form of divorce recognized.

DEFENCES:

1. Collusion.

2. Condonation.

3. Recrimination.


ILLINOIS.

MARRIAGE.--To marry with parental consent, males must be at least 18 years
and females 16 years of age; without such consent, males must be at least
21 years and females 18 years.

Marriage is a civil contract and may be celebrated before a qualified
clergyman or magistrate.

IMPEDIMENTS.--Marriages between parents and children, including
grandparents and grandchildren of every degree, between brothers and
sisters of the half as well as of the whole blood, between uncles and
nieces, aunts and nephews, and between cousins of the first degree are
declared to be incestuous and void. This includes illegitimate as well as
legitimate children and relations.

CAUSES FOR ABSOLUTE DIVORCE:

1. When either party at the time of marriage was and continues to be
naturally impotent.

2. When he or she had a wife or husband living at the time of such
marriage.

3. When either party has committed adultery subsequent to the marriage.

4. When either party has wilfully deserted or absented himself or herself
from the wife or husband, without any reasonable cause, for the space of
two years.

5. When either party has been guilty of habitual drunkenness for the space
of two years.

6. When either party has attempted the life of the other by poison or
other means showing malice.

7. When either party has been guilty of extreme and repeated cruelty.

8. When either party has been convicted of felony or other infamous crime.

Limited divorces are not granted in this State.


INDIAN TERRITORY.

The laws of marriage and divorce in the Indian Territory are the same as
those of Arkansas, except in the matter of marriage impediments, and in a
few minor details.

By an Act of Congress applicable to all Territories of the United States,
marriages within and not including the four degrees of consanguinity,
computed according to the civil law, are forbidden.


INDIANA.

MARRIAGE.--Males must be at least 18 years and females 16 years of age.

Marriage is a civil contract which can be celebrated before any qualified
clergyman, judge or magistrate.

IMPEDIMENTS.--Marriages between ascendants and descendants, or being
persons of nearer kin than second cousin, are prohibited.

A lawful marriage cannot be concluded between a white person and another
person possessed of one-eighth or more of negro blood.

CAUSES FOR ABSOLUTE DIVORCE:

1. Adultery.

2. Impotency existing at the time of the marriage.

3. Abandonment for two years.

4. Cruel and inhuman treatment of either party by the other.

5. Habitual drunkenness of either party.

6. The failure of the husband to make reasonable provision for his family
for a period of two years.

7. The conviction, subsequent to the marriage, in any country, of either
party, of an infamous crime.

Limited divorces are granted for husband's desertion, or failure to
support his wife.


IOWA.

MARRIAGE.--A male must be at least 16 and a female 14 to conclude
marriage.

IMPEDIMENTS.--The prohibited degrees of consanguinity and affinity are the
same as those of Illinois.

CAUSES FOR ABSOLUTE DIVORCE:

1. Against the husband when he has committed adultery subsequent to the
marriage.

2. When he wilfully deserts his wife and absents himself without a
reasonable cause for the space of two years.

3. When he is convicted of a felony after the marriage.

4. When, after marriage, he becomes addicted to habitual drunkenness.

5. When he is guilty of such inhuman treatment as to endanger the life of
his wife.

6. Against the wife for the causes above specified, and also when the wife
at the time of the marriage was pregnant by another than her husband,
unless such husband have an illegitimate child or children then living,
which was unknown to the wife at the time of their marriage.

There is no limited divorce allowed in this State.


KANSAS.

MARRIAGE.--No male under 17 years or female under 15 years of age may
contract marriage without the consent of their parents and the probate
judge of the district.

IMPEDIMENTS.--The prohibited degrees are the same as those of Iowa.

Marriage is a civil contract which may be celebrated before a clergyman or
magistrate.

CAUSES FOR DIVORCE.--Abandonment for one year; adultery; impotency;
extreme cruelty; fraudulent contract; habitual drunkenness; gross neglect
of duty; the conviction of a felony and imprisonment in the penitentiary
therefor subsequent to the marriage.


KENTUCKY.

MARRIAGE.--A male must be at least 14 years and a female 12 years.

Marriages below these ages are prohibited and void, but the courts having
general equity jurisdiction may declare void a marriage when the male was
under 16, or the female under 14 years of age at the time of the marriage,
and the marriage was without the consent of the father, mother, guardian,
or other person having the proper charge of his or her person, and has not
been ratified by cohabitation after that age.

As a civil contract marriage may be celebrated either civilly or
religiously.

IMPEDIMENTS.--Same as in Kansas, with the addition that marriages between
whites and negroes or mulattoes are prohibited.

CAUSES FOR DIVORCE:

1. Abandonment for one year.

2. Adulterous cohabitation.

3. Condemnation for felony.

4. Husband's confirmed drunkenness.

5. Wife's habitual drunkenness.

6. Wife's pregnancy by another man.

7. Adultery on part of wife.

Plaintiff must have been a resident of the State at least one year.


LOUISIANA.

MARRIAGE.--A civil contract which may be celebrated by a minister, priest,
judge or magistrate. No special form required.

Males must be at least 14 years and females 12 years. Parental consent
necessary unless minor is twenty-one years of age.

The prohibited degrees of consanguinity and affinity are the same as those
of all the Southern States.

CAUSES FOR DIVORCE:

1. Adultery.

2. Condemnation of either spouse for infamous offence.

3. Habitual intemperance.

4. Cruel treatment.

5. Abandonment.

6. Attempt to kill.

7. Public defamation.

8. Flight from justice.

In case of divorce on ground of adultery, the guilty party cannot marry
his or her accomplice.


MAINE.

MARRIAGE.--Minimum age not fixed by statute. Parental consent necessary
for males under 21 years and females under 18 years.

No special form of marriage ceremony required.

IMPEDIMENTS.--Same as those of Massachusetts.

CAUSES FOR ABSOLUTE DIVORCE:

1. Adultery.

2. Impotency.

3. Extreme cruelty.

4. Three years' utter desertion.

5. Gross and confirmed habits of intoxication.

6. Cruel and abusive treatment.

7. When the husband being of sufficient ability, grossly, or wantonly and
cruelly, refuses to provide suitable maintenance for his wife.

The procedure and effects of divorce are almost identical with those of
Massachusetts.


MARYLAND.

MARRIAGE.--The minimum age for marriage is not fixed by statute, but
parental consent is required for males under 21 years and females under 16
years.

IMPEDIMENTS.--Marriage is prohibited between ascendants and descendants,
and collaterally between all persons related by consanguinity and affinity
as set forth in the list of impediments in the statement of the law of
Massachusetts.

Marriage is also forbidden between whites and negroes, or persons of negro
descent.

FORMALITIES.--Marriage licenses are required, and a ceremonial
solemnization is essential.

Marriage may be solemnized "by any minister of the Gospel, or other
officer or person authorized by the laws of this State to solemnize
marriage."

CAUSES FOR ABSOLUTE DIVORCE:

1. The impotence of either party at the time of the marriage.

2. Any cause which renders a marriage null ab initio.

3. Adultery.

4. Abandonment continued uninterruptedly for at least three years.

5. When the woman before marriage has been guilty of illicit carnal
intercourse with another man, the same being unknown to her husband at the
time of the marriage.

Limited divorces granted for cruelty of treatment.

All divorces are at first granted nisi--provisionally--to become
absolute on application six months afterward.


MASSACHUSETTS.

MARRIAGE.--The minimum age for marriage is not fixed by law, but males
under 21 years and females under 18 years must have parental consent.

IMPEDIMENTS.--No man shall marry his mother, grandmother, daughter,
granddaughter, stepmother, sister, grandfather's wife, son's wife,
grandson's wife, wife's mother, wife's grandmother, wife's daughter,
wife's granddaughter, brother's daughter, sister's daughter, father's
sister or mother's sister.

No woman shall marry her father, grandfather, son, grandson, stepfather,
brother, grandmother's husband, daughter's husband, granddaughter's
husband, husband's father, husband's grandfather, husband's son, husband's
grandson, brother's son, sister's son, father's brother or mother's
brother.

In all cases in which the relationship is founded on marriage the
prohibition continues, notwithstanding the dissolution by death or
divorce of the marriage by which the affinity is created, unless the
divorce is for a cause which shows such marriage to have been originally
unlawful or void.

FORMALITIES.--Marriage may be solemnized by a minister of the Gospel, a
duly qualified rabbi, or a justice of the peace. No special form of
ceremony is required.

CAUSES FOR ABSOLUTE DIVORCE:

1. Adultery.

2. Impotency.

3. Extreme cruelty.

4. Utter desertion continued for three consecutive years next prior to the
filing of the libel.

5. Gross and confirmed habits of intoxication caused by the voluntary use
of intoxicating liquor, opium or other drugs.

6. Cruel and abusive treatment.

7. On the libel of the wife, when the husband, being of sufficient
ability, grossly, or wantonly and cruelly, refuses or neglects to provide
suitable maintenance for her.

8. When either party has separated from the other without his or her
consent, and has united with a religious sect that professes to believe
the relation of husband and wife void or unlawful, and has continued
united with such sect or society for three years, refusing during that
term to cohabit with the other party.

9. When either party has been sentenced to confinement at hard labour for
life or for five years or more in the State prison, or in jail, or house
of correction.

ALIMONY.--Temporary and permanent alimony may be granted to the wife.

FORM OF DECREE.--Decrees of divorces are in the first instance nisi, and
become absolute six months afterward upon application; unless the court
for sufficient cause, on the petition of any interested party, shall
otherwise order.


MICHIGAN.

MARRIAGE.--The minimum age for males is 18 years and for females 16 years.
Parental consent is necessary for a female under 18 years.

PROHIBITED DEGREES.--Same as in Massachusetts, with the exception that
marriages between first cousins are prohibited in Michigan.

FORMALITIES.--License is required. No particular form of celebration
prescribed.

Marriage may be solemnized by any qualified clergyman, judge or justice of
the peace.

CAUSES FOR DIVORCE:

1. Adultery.

2. Impotency at time of marriage.

3. Sentence of either party to prison for three years or more.

4. Desertion continued two years.

5. Habitual drunkenness.

6. In the court's discretion, a divorce may be granted to any resident
whose husband or wife has obtained a divorce in another State.

Limited or absolute divorces may also be granted for extreme cruelty;
utter desertion for two years; and wanton failure of husband to support
his wife.


MINNESOTA.

MARRIAGE.--The minimum age for males is 18 years, for females 15 years.
Parental consent is required for marriage of male under 21 years or female
under 18 years.

The prohibited degrees of consanguinity and affinity are the same as in
Michigan.

No particular form of marriage ceremony is prescribed, but a license is
necessary.

CAUSES FOR DIVORCE:

1. Adultery.

2. Impotency.

3. Cruel and inhuman treatment.

4. Sentence to State prison.

5. Wilful desertion continued for three years.

6. Habitual drunkenness.

Limited divorces are granted to women only on the grounds of husband's
cruelty, abandonment, or such conduct on husband's part as makes
cohabitation unsafe.


MISSISSIPPI.

MARRIAGE.--The minimum age for marriage is not fixed by statute. Parental
consent is required for males under 21 years and females under 18 years.

The prohibited degrees of relationship are the same as in Massachusetts.

Marriages of whites with negroes, mulattoes, or persons having more than
one-eighth negro blood, and marriages between Mongolians, or persons
having more than one-eighth Mongolian blood, are prohibited.

Marriage cannot be concluded without a license duly issued. It may be
solemnized by either clergyman or magistrate.

CAUSES FOR DIVORCE:

1. Relationship within prohibited degrees.

2. Impotency.

3. Adultery.

4. Sentence to penitentiary.

5. Wilful desertion continued two years.

6. Habitual drunkenness.

7. Pregnancy of the wife at marriage, by another man, unknown to husband.

8. Habitual cruelty.

9. If either party had another husband or wife at time of second marriage.

10. Insanity.

11. Habitual use of opium, morphine or other drug.

Limited divorces are not granted.


MISSOURI.

MARRIAGE.--The minimum age at which marriage can be concluded is 15 years
for males and 12 years for females.

Parental consent is necessary for males under 21 years or females under 18
years.

PROHIBITED DEGREES.--Marriage is forbidden between ascendants and
descendants, between brothers and sisters of the half as well as of the
whole blood, and between uncles and nieces, and aunts and nephews. This
applies to legitimate or illegitimate kindred.

Marriage is also prohibited between whites and negroes.

FORMALITIES.--No particular form of marriage is prescribed, but a license
is necessary.

CAUSES FOR DIVORCE:

1. Impotency.

2. Adultery.

3. Absence without reasonable cause for one year.

4. Former marriage undissolved.

5. Conviction of felony or infamous crime.

6. Habitual drunkenness.

7. Cruel treatment.

8. Intolerable indignities.

9. Vagrancy of husband.

10. Conviction prior to marriage by either party of felony or infamous
crime, unknown to the other spouse.

11. Pregnancy at time of marriage of wife by another man.

Upon granting a divorce the court will make such direction concerning
custody of children, and maintenance of wife, as justice may require.


MONTANA.

MARRIAGE.--Males cannot marry under 18 years and females under 16 years.
If either party is a minor parental consent is required.

IMPEDIMENTS.--Marriages between ancestors and descendants of every degree,
between brothers and sisters of whole or half blood, between uncles and
nieces, or aunts and nephews, legitimate or illegitimate, are forbidden.

FORMALITIES.--Outside of license, no particular formalities are
prescribed.

CAUSES FOR DIVORCE:

1. Adultery.

2. Extreme cruelty.

3. Wilful desertion.

4. Wilful neglect.

5. Habitual intemperance.

6. Conviction of felony.


NEBRASKA.

MARRIAGE.--Males must be at least 18 and females 16 years of age to
conclude marriage. Parental consent is required for males under 21 years
and females under 18 years.

IMPEDIMENTS.--Marriages between ascendants and descendants, between
brothers and sisters of whole or half blood, between uncles and nieces,
aunts and nephews, and first cousins of the whole blood, are prohibited.

CELEBRATION.--A marriage license is necessary, but no particular form of
celebration is prescribed.

GROUNDS FOR DIVORCE:

1. Adultery.

2. Impotency at time of marriage.

3. Sentence to three years' imprisonment or more.

4. Abandonment for two years.

5. Habitual drunkenness.

6. Extreme cruelty.

7. Utter desertion.

8. When husband unreasonably and cruelly refuses to provide maintenance
for wife.

Limited divorce may be obtained on the three last grounds.


NEVADA.

MARRIAGE.--Males cannot marry under 18 years or females under 16 years.
Parental consent is required for males under 21 years and females under 18
years.

PROHIBITED DEGREES.--Marriages between persons nearer of kin than second
cousins of the whole blood or cousins of the half blood.

FORMALITIES.--No particular form prescribed, but it is unlawful for
clergyman or magistrate to solemnize marriage without having a license
presented.

CAUSES FOR DIVORCE:

1. Impotency at time of marriage.

2. Adultery.

3. Wilful desertion for one year.

4. Conviction of felony or infamous crime.

5. Habitual drunkenness.

6. Extreme cruelty.

7. Neglect of husband to provide necessaries of life.

Upon granting a decree of divorce the court shall make such other
direction regarding disposition of property and custody of children as
justice may demand.


NEW HAMPSHIRE.

MARRIAGE.--A male cannot marry under 14 years or a female under 13 years.
There is no statutory requirement for parental consent.

PROHIBITED DEGREE.--Same as in Massachusetts. Common law marriage is
recognized.

FORMALITIES.--License is necessary, but no particular form of ceremony is
required.

CAUSES FOR DIVORCE:

1. Impotency.

2. Adultery.

3. Extreme cruelty.

4. Conviction of crime punishable in this State for more than one year.

5. Treatment detrimental to health.

6. Treatment to endanger reason.

7. Three years' absence.

8. Habitual drunkenness.

9. When either party joins a sect opposed to cohabitation between husband
and wife.

10. Desertion for three years.

Upon granting a decree of divorce the court will make such order as to
maintenance of wife and custody of children as the facts shall call for.


NEW JERSEY.

MARRIAGE.--No minimum age is fixed for marriage. Males under 21 years and
females under 18 years must have consent of parents.

IMPEDIMENTS.--A man shall not marry any of his ancestors or descendants,
or his sister, or the daughter of his brother or sister, or the sister of
his father or mother, whether such collateral kindred be of the whole or
half blood. A woman shall not marry any of her ancestors or descendants,
or her brother, or the son of her brother or sister, or the brother of her
father or mother, whether such collateral kindred be of the whole or half
blood.

FORMALITIES.--A marriage license is necessary only for non-residents of
State.

No special form of ceremony is prescribed, except that when solemnized by
a religious society it must be according to the rules and usages of such
society.

CAUSES FOR DIVORCE:

1. Adultery.

2. Wilful, continued and obstinate desertion for the term of two years.

3. When either party was, at the time of marriage, incapable of consenting
thereto and the marriage has not been subsequently ratified.

LIMITED DIVORCES. Granted for

1. Desertion.

2. Adultery.

3. Extreme cruelty.

In every case, except for extreme cruelty, the party asking for a limited
divorce must allege conscientious scruples against applying for an
absolute divorce.

JURISDICTION.--The Court of Chancery has exclusive jurisdiction in divorce
matters.

ANNULMENT.--A marriage may be annulled because:

1. One of the parties had another wife or husband living at the time of
marriage.

2. When the parties are within the degrees prohibited by law.


NEW MEXICO.

MARRIAGE.--A male must be at least 18 years and a female 15 years to
conclude marriage. Parental consent is required for males under 21 years
and females under 18 years.

PROHIBITED DEGREES.--Marriage between ascendants and descendants, between
brothers and sisters, of whole or half blood, between uncles and aunts,
and nieces and nephews are void.

FORMALITIES.--License is necessary. No special form of ceremony required.
The marriage may be solemnized by an ordained clergyman, civil magistrate
or religious society.

GROUNDS FOR DIVORCE:

1. Adultery.

2. Cruel and inhuman treatment.

3. Abandonment.

4. Habitual drunkenness.

5. Neglect of husband to support his wife.

6. Impotency.

7. Pregnancy by wife, at the time of marriage, by another than her
husband, without husband's knowledge.

8. Conviction and imprisonment for a felony.


NEW YORK.

MARRIAGE.--Marriage is a civil contract, to which the consent of the
parties capable in law of making the contract is essential. Minors become
capable of contracting marriage upon completing their eighteenth year of
age. A marriage is void from the time its nullity is declared by a court
of competent jurisdiction if either party thereto was under the age of
eighteen at the time it was concluded.

IMPEDIMENTS.--Marriage between an ancestor and a descendant, between a
brother and sister, of either the whole or half blood, between an uncle
and niece, or an aunt and nephew, whether the relatives are legitimate or
illegitimate, is incestuous and void.

The defeated party in an action of divorce against whom a decree has been
granted on the grounds of adultery is prohibited from marrying again
during the lifetime of the successful party. However, the court which
granted the decree has power so to modify it as to permit such marriage
after five years.

COMMON LAW MARRIAGE.--By an act which became effective April 12, 1901, the
law of New York has required a contract of marriage to be signed by the
parties and witnesses acknowledged and recorded. Since that time a "common
law" marriage, or one established simply by cohabitation and reputation,
has not been recognized.

MARRIAGE LICENSES.--The legislature of New York, at its session in 1907,
passed an act providing for marriage licenses, which became effective
January 1, 1908.

Written consent of both parents or guardian must be given to the town or
city clerk before he may issue license. If residents of the State, they
must personally appear and execute the consent; if non-residents, it must
be executed, acknowledged and certified.

WHO MAY SOLEMNIZE MARRIAGE.--A clergyman or minister of any religion, or
the leader, or the two assistant leaders, of the Society for Ethical
Culture in New York City, justices and judges of courts of record, judges
of the county courts, justices of the peace, mayors, recorders and
aldermen of cities.

MARRIAGE BY CONTRACT.--A lawful marriage may be concluded by a written
contract of marriage signed by both parties, and at least two witnesses
who shall subscribe the same, stating the place of residence of each of
the parties and witnesses and the date and place of marriage, and
acknowledged by the parties and witnesses in the manner required for the
acknowledgment of a conveyance of real estate to entitle the same to be
recorded. Such contract shall be filed, within six months after its
execution, in the office of the clerk of the town or city in which the
marriage was solemnized.

JEWS AND QUAKERS.--Marriages among Quakers or Jews may be solemnized in
the manner and according to the regulations of their respective societies.

ENCOURAGEMENT OF MARRIAGE.--No marriage shall be deemed or adjudged
invalid, nor shall the validity thereof be in any way affected on account
of any want of authority in any person solemnizing the same, if
consummated with a full belief on the part of the persons so married, or
either of them, that they were lawfully joined in marriage.

DIVORCE.--The only cause for absolute divorce is the adultery of either
party.

JURISDICTION.--The Supreme Court has exclusive original jurisdiction of
actions for divorce.

In an action for absolute divorce, both parties must have been residents
of the State when the offense was committed; or must have been married
within the State; or the plaintiff must have been a resident when the
offense was committed, and also when the action was commenced; or when the
offense was committed within the State, the plaintiff must have been a
resident when the action was commenced.

LIMITED DIVORCE.--A limited divorce, which is equivalent to a judicial
separation in England, may be granted because of:

1. The cruel and inhuman treatment of the plaintiff by the defendant.

2. Such conduct, on the part of the defendant toward the plaintiff, as may
render it unsafe and improper for the latter to cohabit with the former.

3. The abandonment of the plaintiff by the defendant.

4. When the wife is plaintiff, the neglect or refusal of the defendant to
provide for her.

In actions for limited divorce both parties must have been residents of
the State when the action was commenced; or when the marriage took place
within the State, the plaintiff must have been a resident thereof, when
the action was commenced; or when the marriage took place out of the
State, the parties must have become residents thereof, and have continued
to be such at least one year, and the plaintiff must have been a resident
when the action was commenced.

ANNULMENT OF MARRIAGE.--An action to procure a decree declaring the
marriage contract void and annulling the marriage may be maintained on any
of the following grounds:

1. When either party was under the age of legal consent.

2. When either party was an idiot or lunatic.

3. When either party was physically incapable of entering into the
marriage state, and such incapacity continues, and is incurable.

4. When the consent of either party was obtained by force, duress or
fraud.

5. When either party had a former wife or husband living, the former
marriage being in force.

By a woman plaintiff on the following grounds:

1. Where the plaintiff had not attained the age of 16 years at the time of
marriage.

2. When the marriage took place without the consent of the parent,
guardian, or other person having legal charge of her.

3. Where it was not followed by consummation or cohabitation, and was not
ratified after attaining the age of 16 years.

DEFENCES IN DIVORCE ACTIONS.--Divorce will not be granted for the cause of
adultery:

1. When the offense alleged has been condoned or forgiven by plaintiff.

2. When the adultery was committed by the procurement, connivance, privity
or consent of plaintiff.

3. If five years have elapsed since the plaintiff discovered the
defendant's guilt.

4. If there is existing any decree of any competent of any State or
Territory of the United States granting an absolute divorce to the
defendant and against the plaintiff.

5. If it appears that the plaintiff has also committed adultery.

CUSTODY OF CHILDREN.--During the pendency of an action for divorce, or on
final judgment, the court may give such directions as justice requires for
the custody, care and education of any of the children of the marriage.

ALIMONY.--The court has power during the pendency of an action for divorce
to grant a woman plaintiff or defendant such allowance out of her
husband's estate as may be necessary and just for her support, and also
that she may be able to procure counsel to prosecute or defend the suit in
her behalf.

If the wife becomes successful in the action the court may in its
discretion award her permanent alimony. The amount of alimony in all
cases depends upon the wife's needs, her social status, and her husband's
ability to make provision for her.

FORM OF DIVORCE DECREE.--Decrees are first entered nisi, or
provisionally, and cannot become absolute until the expiration of three
months after the entry of the decree nisi.


NORTH CAROLINA.

MARRIAGE.--A male becomes capable of marrying at 16 years and a female at
14 years, but both if under 18 years require parental consent.

IMPEDIMENTS.--Marriage is prohibited between persons nearer of kin than
first cousins of the whole or half blood.

So is marriage between whites and negroes or Indians, or between whites
and persons of negro or Indian descent to the third generation, inclusive.

CAUSES FOR DIVORCE:

1. Husband's fornication or adultery.

2. Wife's adultery.

3. If either party at time of marriage was and still is naturally
impotent.

4. Wife's pregnancy at time of marriage by another man, without husband's
knowledge.

LIMITED DIVORCE.--A limited divorce may be obtained for the following
causes:

1. If either party abandons his or her family.

2. If either party maliciously turns the other out of doors.

3. Cruel or barbarous treatment by one party endangering life of the
other.


NORTH DAKOTA.

MARRIAGE.--No male can conclude marriage under 18 years of age or female
under 15 years of age.

IMPEDIMENTS.--Marriage is prohibited between persons nearer of kin than
second cousins of the whole blood.

FORMALITIES.--License necessary. No particular form of ceremony is
required, but the parties must express consent in presence of person
solemnizing the marriage, and of at least one witness.

CAUSES FOR DIVORCE:

1. Adultery.

2. Extreme cruelty.

3. Wilful desertion for one year.

4. Wilful neglect for one year.

5. Habitual intemperance for one year.

6. Conviction of felony.

Plaintiff must have been in good faith, a resident of the State for six
months before filing petition, and either a citizen of the United States
or a person who has declared his or her intention to become such.


OHIO.

MARRIAGE.--To marry, a male must be at least 18 years and a female 16
years of age. Parental consent is required for males under 21 years and
females under 18 years.

IMPEDIMENTS.--Marriage between persons nearer of kin than second cousins
is forbidden.

FORMALITIES.--License is necessary unless banns be published in presence
of congregation on two different days of public worship. No particular
form of ceremony is required. The marriage may be solemnized by any
ordained minister licensed by the State to perform marriages, or a justice
of the peace in his county.

CAUSES FOR DIVORCE:

1. Upon proof that either party was already married at time of the
marriage sought to be dissolved.

2. Wilful absence of one party from the other for three years.

3. Adultery.

4. Impotency.

5. Extreme cruelty.

6. Fraudulent contract.

7. Any gross neglect of duty.

8. Habitual drunkenness for three years.

9. Imprisonment in a penitentiary.

10. Procurement of a divorce without the State.

ACTIONS FOR SEPARATE MAINTENANCE.--A wife may sue for separate maintenance
because of:

1. Adultery.

2. Gross neglect of duty.

3. Abandonment without good cause.

4. Habitual drunkenness.

5. Sentence to imprisonment in a penitentiary.

EFFECTS OF DIVORCE.--If the divorce is granted to the wife, because of the
aggression of the husband, she shall be allowed such alimony out of her
husband's property as the court deems reasonable. If the husband secures a
divorce, on the aggression of the wife, he shall be allowed such alimony
out of the wife's property as the court deems reasonable.

The granting of a divorce does not affect the legitimacy of the children
of the parties.

Upon granting a divorce, the court shall make such order for the care and
support of the children as is just and proper.


OKLAHOMA.

MARRIAGE.--The minimum age for marriage and the rule as to parental
consent are the same as that stated for Nebraska.

IMPEDIMENTS.--Same as in Nebraska.

FORMALITIES.--Same as in Nebraska.

CAUSES FOR DIVORCE:

1. Adultery.

2. Former husband or wife living.

3. Abandonment for one year.

4. Impotency.

5. Pregnancy by wife at time of marriage by another man.

6. Extreme cruelty.

7. Fraudulent contract.

8. Habitual drunkenness.

9. Gross neglect of duty.

10. Conviction of felony.

ACTION FOR SEPARATE MAINTENANCE.--This action may be maintained for any of
the causes sufficient for divorce.


OREGON.

MARRIAGE.--A male is capable of marrying at 18 years, a female at 15
years. Parental consent is required for males under 21 years and females
under 18 years.

IMPEDIMENTS.--Marriages between first cousins of the whole or half blood
or relatives nearer of kin are prohibited.

Marriages between whites and negroes or Mongolians, or persons of
one-fourth or more negro or Mongolian blood.

CAUSES FOR DIVORCE:

1. Impotency.

2. Adultery.

3. Conviction of felony.

4. Habitual drunkenness.

5. Wilful desertion for one year.

6. Cruel and inhuman treatment, or personal indignities rendering life
burdensome.


PENNSYLVANIA.

MARRIAGE.--The minimum age for marriage is not fixed by statute. Both
males and females require parental consent to marry under 21 years of
age.

IMPEDIMENTS.--A man may not marry his mother, father's sister, mother's
sister, sister, daughter, granddaughter, father's wife, son's wife, son's
daughter, wife's daughter, daughter of wife's son or daughter.

A woman may not marry her father, father's brother, mother's brother,
brother, son, grandson, mother's husband, daughter's husband, husband's
son, son of her husband's son or daughter.

By the act effective January 1, 1902, marriage is prohibited between
persons who are of kin of the degree of first cousins.

FORMALITIES.--License is necessary unless there is a publication of banns.

The parties may solemnize their own marriage by obtaining from the clerk
of the orphans' court a formal declaration of their right to do so instead
of a license.

Marriage may be solemnized by any minister of the Gospel, justice of the
peace, or alderman, or by the parties themselves.

CAUSES FOR ABSOLUTE DIVORCE:

1. Natural impotence or incapacity of procreation at time of marriage, and
still continuing.

2. Former marriage still subsisting.

3. Adultery.

4. Wilful and malicious desertion for the space of two years.

5. Husband's cruel and barbarous treatment endangering wife's life.

6. Husband having offered such indignities to wife as to render her
condition intolerable and life burdensome.

7. Relationship within prohibited degrees.

8. Marriage procured by fraud, force or coercion.

9. Wife's cruel and barbarous treatment of husband.

10. That either of the parties has been convicted as principal or
accessory of the crime of arson, burglary, embezzlement, forgery,
kidnapping, larceny, murder in first or second degree, voluntary
manslaughter, perjury, rape, robbery, sodomy, buggery, treason, or
misprison of treason, and has been sentenced to prison for more than two
years.

11. That either husband or wife is a hopeless lunatic or non compos
mentis.

Confinement for ten years or more in an asylum for the insane is
conclusive proof of hopeless insanity.

LIMITED DIVORCE.--This may be granted for:

1. Husband turning wife out of doors.

2. Husband's cruel and barbarous treatment of wife.

3. Husband offering such indignities to his wife as to render her
condition intolerable and force her to leave his house.

Upon hearing any cause for divorce the court may decree either a divorce
or a decree of nullity.


RHODE ISLAND.

MARRIAGE.--No age fixed for marriage. Parental consent required for all
minors.

IMPEDIMENTS.--Same as in Massachusetts. However, Jews are permitted to
marry within degrees permitted by their religion.

CAUSES FOR DIVORCE:

1. In case marriage was originally void or voidable by law.

2. When either party is for crime deemed civilly dead.

3. When party may be presumed dead.

4. Impotency.

5. Adultery.

6. Extreme cruelty.

7. Wilful desertion.

8. Continued drunkenness.

9. Neglect or refusal of husband, being able, to support wife.

10. Any other gross misbehaviour and wickedness in either of the parties
repugnant to and in violation of the marriage covenant.


SOUTH CAROLINA.

MARRIAGE.--No age is fixed by law for marriage of minors, nor when
parental consent is necessary.

IMPEDIMENTS.--Same as to prohibited degrees of kinship as in
Massachusetts.

Marriages of whites with Indians, negroes, mulattoes, mestizos, or
half-breeds, are forbidden.

FORMALITIES.--No license is required, and no particular form of ceremony
necessary.

DIVORCE.--By a provision of the State constitution divorces from the bonds
of matrimony are not allowed in South Carolina.

Marriages may, however, be annulled for want of consent of either party,
or for any other cause showing that at the time of the supposed marriage
it was not a contract, provided such contract has not been consummated by
cohabitation.


SOUTH DAKOTA.

MARRIAGE.--Minimum age at which males can marry is 18 years, females 15
years. Parental consent is required for males under 21 years and females
under 18 years.

PROHIBITED DEGREES.--Same as in Massachusetts.

Common law marriages are recognized.

Marriage may be solemnized by minister, priest, judge of supreme court or
probate court, justice of the peace, mayor, or by the parties themselves
making a joint declaration.

CAUSES FOR DIVORCE:

1. Adultery.

2. Extreme cruelty.

3. Wilful desertion for one year.

4. Wilful neglect for one year.

5. Habitual intemperance for one year.

6. Conviction of felony.

Limited divorces are not granted.


TENNESSEE.

MARRIAGE.--The lowest age at which males can marry is 16 years, females 14
years. Parental consent is necessary for males under 21 years and females
under 18 years.

CONSANGUINITY AND AFFINITY.--The prohibited degrees are the same as in
Massachusetts.

Marriages of whites with negroes, mulattoes or persons of mixed blood are
forbidden. A person declared guilty of adultery is forbidden his or her
accomplice during the lifetime of the former spouse.

FORMALITIES.--License necessary. Marriage ceremony may be religious or
civil in form.

CAUSES FOR DIVORCE:

1. Natural impotence and incapacity of procreation at time of marriage,
and still existing.

2. A previous marriage still subsisting.

3. Adultery.

4. Desertion for two years.

5. Conviction of such crime as renders party infamous.

6. Conviction of felony.

7. Malicious attempt on life of other spouse.

8. Wife's refusal to move with husband into this State, and wilful absence
from him for two years.

9. Wife's pregnancy at time of marriage by another person, without
husband's knowledge.

10. Habitual drunkenness.

LIMITED DIVORCES.--Such relief is granted to a wife only, for the
following causes:

1. Cruel and inhuman treatment, rendering it unsafe and improper for
continued cohabitation.

2. Such indignities offered to wife as render condition intolerable, and
force her to leave husband.

3. Husband's abandonment of wife, or his turning her out of doors,
refusing or neglecting to provide for her.


TEXAS.

MARRIAGE.--Earliest age for males to marry is 16 years; females 14 years.
Parental consent required for males under 21 years and females under 18
years.

IMPEDIMENTS.--The prohibited degrees of kinship are the same as in New
York.

Marriage is forbidden between persons of European blood or their
descendants and Africans or the descendants of Africans.

FORMALITIES.--License required. Marriage may be solemnized by religious or
civil ceremony.

CAUSES FOR DIVORCE.--

1. Excesses; cruel treatment.

2. Wife taken in adultery.

3. Wife's abandonment of husband for three years.

4. Husband's desertion with intention of abandonment for three years.

5. When husband abandons wife and lives in adultery.

6. Conviction of felony and imprisonment therefor in State prison.

There is no such thing as a limited divorce in this State.


UTAH.

MARRIAGE.--Males may marry at 14 years and females at 12 years, but if the
former are under 21 years and the latter under 18 years parental consent
is required.

PROHIBITED DEGREES.--Marriage between ascendants and descendants, between
brothers and sisters of the whole or half blood, between uncles and
nieces, or aunts and nephews, or between any persons related to each other
within the fourth degree of consanguinity is prohibited.

Marriage is also forbidden between a white person and a negro or
Mongolian.

FORMALITIES.--After a license has been procured the marriage may be
solemnized by a minister or priest,





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