The Michigan Law of Marriage and Divorce: With Forms of Procedure Confroming to the Michigan Judicature Act (Google eBook)

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Fred S. Drake, 1917 - Divorce - 640 pages
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Contents

CONFLICT OF LAWS RELATING TO MARRIAGE AND DIVORCE 14 Foreign Marriages 15 Marriages against Public Policy and Morality
13
16 Incestuous and Polygamous Marriages
15
17 Incestuous Marriages Void or Voidable
16
18 Who May Ask for Annulment of Voidable Marriage
17
19 Marriage After Divorce Granted
19
20 Marriage During Prohibited Period
20
21 Protection of Injured Party and Offspring of Illegal Marriage
22
22 Modern Legislation 23 Conflict of Divorce Laws
23
24 Full Faith and Credit Clause of the Federal Constitution 25 Effect Same as in State where Judgment is Rendered
24
26 Written Laws of Foreign Countries How Proven
27
VALIDITY OF FOREIGN DIVORCE AS DEPENDENT UPON JURISDICTION OVER DEFENDANT 27 Scope of Subject Discussed 28 Domicile of...
30
CHAPTER IV
44
45 Legal ImpedimentsSpouse Living CHAPTER V
46
47 Who may Solemnize Marriage 48 One of the Parties to be Examined under Oath
48
49 No Particular Form of Ceremony Required 50 Common Law Marriages
49
51 Punishment for Unauthorized Marriages
51
52 Want of Authority of Magistrate or Clergyman
52
53 Denominational Rites CHAPTER VI
53
56 Duty of County Clerk
54
57 Marriage Licenses
55
58 Affidavit of Party Applying for License 59 Duties of County Clerk
56
60 Duty of Magistrate or Clergyman 61 Penalties for Violation
57
62 Record as Evidence
59
64 Application For a LicenseForm of Application
60
65 Judge of Probate to File PapersInspection of Record 66 PrivilegePenalties for Divulging or Publishing
61
CHAPTER VII
63
70 Indian Customs r 71 Incestuous and Polygamous Marriages 72 MarriagesWhen Void
66
73 Marriage More than a Civil Contract
67
74 Purpose of Statutory Definition
68
75 Voidable Marriages 76 Who May Annul Voidable Marriages
69
77 Who May Annul Marriage for Fraud or Duress
70
PART TWO RIGHTS DUTIES AND OBLIGATIONS OF HUSBAND AND WIFE
71
CHAPTER VIII
72
78 Introduction 79 Mutual Property Rights of Husband and Wife 80 Married Womens Act 81 Trustee for Married Woman May Convey to Her 82 A...
73
87 Mutual Property Rights 88 Deed of Land Owned by Wife
79
89 Land Held Jointly by Husband and Wife
80
CHAPTER X
83
102 Dower May be Assigned by Probate Court When 103 How Dower Assigned by Probate Court
87
104 Proceedings and Commissioners Oath 105 Dower in Land not Severable
88
106 Widow may Occupy with Heirs if they do not Object
89
CHAPTER XI
90
112 Election in Case of Provision by Will of Husband
93
113 Election What Constitutes 114 New Assignment if Widow Lawfully Evicted 115 Rights of Dower of NonResidents and Aliens
94
CHAPTER XII
96
BARRING DOWER OF INSANE PERSONS AND MINORS 124 Insane Imbecile Idiotic and Minor Married Women
100
Appearance and Answer
101
128 Guardians Sale of Wifes Interest
102
129 Disposition of Fund 130 Barring Minors Dower 1131 Award of Money in Lieu of Dower
103
132 Dower Claimed by Two or More Widows
104
CHAPTER XIV
105
142 Homestead Exemption to Family after Death of Husband 143 Homestead Rights of Widow when Owner Dies Leaving no Children
111
CHAPTER XV
113
CHAPTER XVI
121
155 Appraisal and Report
122
156 Confirmation of Report New Appraisal 157 Proceedings on Confirmation of Report
123
125 ProceedingsContents of Petition
125
164 Same Subject Continued 165 Same Subject Continued
128
166 Authority of Husband as Agent of Wife
129
167 Rights of Husbands Creditors as against the Wife
130
168 Improvements and Materials Furnished to Husband to be Used on Land of Wife 169 Necessaries and Family Expenses 170 Necessaries and Fami...
131
172 Contract of Married Women Jointly with Husband 173 Debts Incurred by Married Woman in her Separate Business
133
174 Debts Contracted on Credit of Wifes Separate Estate
134
175 Contracts for Benefit of Wifes Separate Estate
135
CHAPTER XVIII
137
178 Joinder of Husband 179 What Law Governs 180 Gift by Wife to Husband
138
181 Covenants on the Part of a Married Woman 182 Consent of Husband to Sale of Wifes Property
139
183 Same Subject Continued 184 Conveyance of Husband or Wife to or for Each Other 185 Conveyance of Undivided OneHalf Interest by Husban...
140
186 Conveyance of Land Held by Husband and Wife by Entirety
141
90 Same Subject Continued
142
Michigan Statute
145
195 Same Subject Continued
146
196 Actions by Husband for Alienation of Wifes Affection 197 Evidence in Action for Alienation of Affections
147
PART THREE DIVORCE
149
CHAPTER XX
150
198 General Views 199 Local Legislation 200 Divorce Tribunals 201 Legislation on the Subjects of Marriage and Divorce 202 Legislative Divorces
151
203 Same Subject Continued
153
204 Judicial Divorce 205 Limited Divorce
154
206 Moral Effects of Limited Divorce 207 Marriages Void without Divorce
155
208 Consent Obtained by Force or Fraud 209 Decrees Annulling or Affirming Marriages
156
DIVORCE LAWS OF DIFFERENT COUNTRIES 210 General Observations 211 Divorce Laws of British Empire
157
212 Divorce Laws of Canada 213 Divorce Laws of the United States
158
214 Jurisdiction Governed by Domicile 215 Place of Marriage not Controlling
159
216 What Constitutes Domicile
160
217 Domicile by Operation of
161
218 Domicile for Purpose of Divorce 219 Change of Domicile
162
220 Proof of Domicile
163
221 Temporary Absence as Affecting Domicile
165
CHAPTER XXII
166
225 Arizona
167
226 Arkansas
168
227 California 228 Colorado 229 Connecticut
169
230 Delaware 231 District of Columbia
170
232 Florida 233 Georgia
171
234 Guam 235 Hawaii Territory 236 Idaho
172
237 Illinois 238 Indiana 239 Iowa
173
240 Kansas 241 Kentucky
174
242 Louisiana
175
243 Maine
176
244 Maryland 245 Massachusetts
177
246 Michigan 247 Minnesota
178
248 Mississippi 249 Missouri
179
250 Montana 251 Nebraska
180
252 Nevada 253 New Hampshire
181
254 New Jersey 255 New Mexico
182
256 New York
183
Legitimacy of Issue 278 Marriages Procured by Force or Fraud 279 Actions to Annul Void Marriage 280 Sufficiency of Evidence 281 Actions to Af...
194
CHAPTER XXIV
199
285 Disposition and Opportunity
201
286 Professional Calls 287 Facts from which Adultery may be Inferred
202
288 Facts not Sufficient to Establish Adultery 289 Character of Witnesses to Prove Adultery Particeps Criminis Prostitutes and Procurers Detectives
203
290 Prostitutes and Procurers Detectives
204
CHAPTER XXV
206
295 Refusing Means of Cure
207
296 Marriage Voidable Not Void
208
CHAPTER XXVI
209
300 Conviction in Another State 301 Effect of Indeterminate Sentence
210
302 In case of Appeal
211
303 Desertion 304 What Constitutes Desertion 305 Must Continue for Statutory Period
212
306 When Desertion Justifiable
213
307 Separation not always Desertion 308 Constructive Desertion
214
309 Separation by Mutual Consent 310 Where Both Dwell in Same House 311 Refusal to Cohabit
215
312 Condonation of Desertion
216
313 Refusal to Follow Husband 314 Desertion not Excused by Continuing Support 315 Refusal of Sexual Intercourse
217
CHAPTER XXVIII
218
319 Use of Opiates
219
320 Period of Indulgence 321 Antenuptial Habit 322 Condonation
220
CHAPTER XXIX
221
223 Alabama
223
224 Alaska
224
330 Effect of the Amendment
225
343 Restoration of Personal Estate of Wife
240
344 TrusteesWhen may be Appointed 345 Duties of TrusteesBonds
241
346 Husband to Disclose on Oath
242
347 Permanent Alimony
243
348 Ascertainment of Amount 349 Limitation of Power of Court to Award
244
350 TestimonyWhen and how Taken
245
351 DowerWhen Wife Entitled
246
352 Lien on Real and Personal Estate
247
357 Enforcement of Lien
248
358 Execution to CollectSale or Division of Property
249
359 Suit to Foreclose Lien
251
360 Court may Alter Decree
253
361 Legitimacy of Children in certain CasesAdulteryFormer Spouse LivingNonAge 362 Cohabitation after DivorceHow Punished 363 Who may File...
255
365 Physical IncapacityLimitations
256
366 Admissions and ConfessionsTestimony of Parties 367 Court may Deny Relief in Certain Cases of Adultery
257
368 Forgiveness and Condonation
258
369 Support when Divorce from Bed and Board Denied 370 Divorce from Bed and Board Revoked
259
371 Special Question to be Asked of Witnesses
260
373 Remarriage may be ForbiddenLimit of TimePenalty for Violation
262
374 DowerProvision in Lieu of Tenants by Entireties 375 AlimonyWhen Decree Rendered in Another State
264
376 Restoring Former Name to Wife 377 Right of Husband to Alimony Out of Wifes Property
265
GENERAL STATUTORY PROVISIONS CONCERNING HUSBAND AND WIFE g378 Abandonment of Wife by Husband 379 Married Woman Co...
270
PART FOUR PLEADING AND PRACTICE
283
CHAPTER XXXIII
284
AdulteryExtreme Cruelty 395 Physical Incompetency 396 Sentence to ImprisonmentDesertion
285
397 Habitual DrunkennessDivorce in Another State 398 Failure of the Husband to Support the Wife
288
399 General Form of the Bill
289
400 Verification of Bills for Divorce
290
How Commenced and Conducted 402 Suit to Annul MarriageHow Brought
291
403 Form of Bill to Annul Marriage
292
404 Suits to Affirm a Marriage
293
CHAPTER XXXIV
294
409 Form of Affidavit
297
410 Appearance of the Defendant
298
CHAPTER XXXV
299
413 Motion to Dismiss
300
414 Default for not Appearing 415 Default for Want of Answer
301
416 Setting aside Default 417 Amending Pleadings
302
Form of 419 Sworn AnswerEffect of 420 CrossBills 421 Chancery Pleadings How Verified
304
422 Before Whom Pleadings may be Sworn
305
Nature of When Proper 425 Who to be Made Parties to a Supplemental Bill
306
How Obtained Process 428 Defenses to Supplemental Bill
307
429 Answers to Supplemental Bills 430 Evidence to Support Supplemental Bill
308
CHAPTER XXXVI
309
439 Questions of Guilt not Considered
313
440 Amount of the Allowance
314
CHAPTER XXXVII
315
CHAPTER XXXVIII
323
449 MotionsFraming Issues on Hearing 450 Witnesses on Hearing of Motions
325
451 Common and Special Orders
327
CHAPTER XXXIX
329
454 Notice of Hearing not Necessary
331
455 CrossExamination of Opposite Party
332
Compelling Attendance and Testimony
333
457 Warrant for Apprehension of Delinquent Witness
334
458 Mode of Administering Oath to Witnesses 459 Competency of WitnessReligious Opinions
335
461 Children as Witnesses
337
462 Conviction of Crime
338
463 Admissibility of Testimony
339
464 Court to Rule on All Objections
340
Preparing and Settling
341
Application for 468 Enrollment of Decree
343
469 Discharge and Satisfaction of Decree
344
470 Enforcement of Decree
345
CHAPTER XL
346
472 General Legislation 473 Michigan Statutory Provisions
347
474 Duty on being Served with Summons
348
475 Subjects of Investigation
350
476 Prosecutor not Disqualified to Act for Either Party
351
477 Compensation for Services
352
479 Claim of Appeal
353
FORMS IN DIVORCE PROCEDURE
378
Bill for DivorcePhysical Incapacity
387
Bill for Divorce Charging Extreme Cruelty and Asking
394
No s Bill for Divorce From Bed and Board
406
Bill by Wife for Refusal to Support
412
Bill to Affirm Marriage
418
Order of PublicationNonresident Defendant
425
Motion to Dismiss
429
Order Pro Confesso for not Appearing
430
Order Pro Confesso for not Answering No 24 Order Pro Confesso Defendant Brought in by Publication
431
Affidavit of NonAppearance
432
Affidavit of Default for Want of Answer
433
Supplemental Bill
434
Petition for Leave to File Supplemental Bill
435
Notice of Application
437
No 29a Order Granting Leave to File Supplemental Bill No 30 AnswerGeneral Form
438
Answer and CrossBill
440
Petition for Reference to a Commissioner to Take Proofs
444
Order of Reference to Take Proofs
446
Notice of Taking Proofs Before Commissioner No 35 Order Granting Motion to Dismiss Bill
447
Report of Circuit Court Commissioner as to Alimony
448
Order Confirming Report of Commissioner
450
Petition for Temporary Alimony and Expenses by Plaintiff
451
Petition for Alimony and Expenses by Defendant
453
Order Allowing Temporary Alimony and Expenses to Plain tiff No 41 Order for Alimony and Expenses to Defendant
455
Order Denying Temporary Alimony
456
Demand for Payment of Temporary Alimony No 44 Affidavit to Obtain an Attachment for NonPayment of Tem porary Alimony
457
Order to Show Cause Why Attachment Should not Issue
459
Order for Attachment and Commitment
460
Injunction to Restrain Sale or Encumbrance of Property
462
Injunction to Restrain Threatened Injury
463
Decree of Divorce Reserving Question of Alimony
464
Decree of Divorce and for Alimony
465
Decree for Permanent Alimony After Divorce
467
Decree of Divorce from Bed and Board and for Alimony
468
Decree Annulling Marriage No 54 Decree Affirming Marriage
470
Petition for ReHearing
471
Order for ReHearing
472
Order Denying ReHearing
473
Certificate of Enrollment
474
Discharge and Satisfaction of Decree No 60 Petition for Discharge of Decree
475
Order Discharging Decree No 62 Order Denying Discharge of Decree
477
Order Directing Prosecuting Attorney to Appear and Defend
478
Report of Prosecuting Attorney
479
Order Appointing an Attorney to Defend No 66 Claim of Appeal x
480
Notice of Appeal and of Application for Approval of Bond
481
Bond on Appeal
482
Case on Appeal
483
Notice of Settling Case on Appeal
484
Notice of Amendments to Case on Appeal
485
Appendix
487
Index
609
257 North Carolina 258 North Dakota 259 Ohio
621
260 Oklahoma 261 Oregon 262 Pennsylvania 263 Porto Rico 264 Rhode Island 265 South Carolina 266 South Dakota
622
267 Tennessee
638
268 Texas 269 Utah 270 Vermont 271 Virginia 272 Washington 273 West Virginia
639
274 Wisconsin 275 Wyoming
640
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