The United States Of America

: 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, so ereign 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,