Procedure: The suit may be commenced after the plaintiff has been domiciled in the state one year. The trial may be had after the expiration of two months from the time of service on the defendant. The decree does not become absolute as to permit either party to marry again until six months after it is filed in the clerk's office.25

$248. Mississippi.

to

Causes: (1) Adultery; (2) natural impotency; (3) sentence the penitentiary; (4) wilful, continued and obstinate desertion for two years; (5) habitual drunkenness; (6) habitual. use of morphine, opium or other like drug; (7) habitual, cruel and inhuman treatment; (8) insanity or idiocy at the time of the marriage, unknown to the other party; (9) another husband or wife living, undivorced; (10) pregnancy of the wife at the time of the marriage, unknown to the husband and without his agency; (11) consanguinity.

Procedure: Unless both parties are domiciled in the state of Mississippi when the action is commenced and the defendant served with process within the state, the action cannot be commenced until one of the parties has had an actual domicile in the state for the period of one year. The trial may be had in the court of chancery three months after, service on the defendant.26

$249. Missouri.

Causes: (1) Impotency at the time of the marriage; (2) another husband or wife living, undivorced; (3) desertion for the period of one year; (4) adultery committed since the marriage; (5) conviction of felony or infamous crime since the marriage; (6) habitual drunkenness for the period of one year; (7) cruel and barbarous treatment endangering the life of the other; (8) indignities rendering the marriage relation intolerable; (9) husband becoming a vagrant; (10) conviction of felony or infamous crime prior to the marriage,

25. Revised Laws of Minnesota, 1913; State v. Yoder, 130 N. W. 10; State V. Blue Earth County Court, 125 N. W. 133; Betchel V. Betchel, 101 Minn. 511, 112 N. W. 382, 12 L. R. A. (N. S.) 1100; Sodini v. Sodini, 94 Minn. 301, 102 N. W. 861, 110

Am. St. R. 371; Wilson v. Wilson, 95 Minn. 464, 104 N. W. 300.

26. Code of Mississippi, 1906; Sutter v. Sutter, 72 Miss. 345, 16 So. 673; Graves v. Graves, 80 Miss. 677, 41 So. 384; Grego v. Grego, 78 Miss. 443, 28 So. 817.

unknown to the other party at the time of the marriage; (11) the wife being pregnant at the time of the marriage, by one other than the husband, and without the husband's knowledge at the time of the marriage.

Procedure: The action cannot be commenced until after the plaintiff has been domiciled in the state for the period of one year. The cause may be tried three months after service on the defendant. Actions for divorce are tried before the court.27

$250. Montana.

Causes: (1) Adultery; (2) extreme cruelty; (3) wilful desertion for one year; (4) habitual intemperance for the period of one year; (5) conviction of felony.

Procedure: The action cannot be commenced until the plaintiff has been domiciled in the state for the period of one year. The cause may be tried before the court after the expiration of three months from the time of service on the defendant. Neither can marry again for the period of two years after the divorce is granted.28

$251. Nebraska.

Causes: (1) Adultery; (2) impotency at time of marriage; (3) imprisonment in any prison, jail or house of correction for the period of three years or more; (4) desertion for the period of two years; (5) habitual drunkenness; (6) sentence to imprisonment for life.

Procedure: If the cause of action arose in the state, the action may be commenced after the plaintiff has been domiciled in the state for the period of one year. If the cause of action arose outside of the state, the action cannot be com- menced until the plaintiff has been domiciled within the state for two years. Trial may be had before the court after the expiration of two months from service on the defendant. The decree does not become final or operative until the expiration

27. Revised Statutes of Mis- W. 1157. souri, 1900; State v. Hubbard, 201 Mo. 639, 100 S. W. 586; Robinson v. Robinson, 129 S. W. 725; Keller v. Keller, 129 S. W. 492; Humphrey v. Humphrey, 115 Mo. App. 361, 91 S. W. 405; Stone v. Stone, 134 Mo. App. 242, 113 S.

28. Revised Code of Montana, 1907; State v. Dist. Court, 38 Mont. 166, 99 Pac. 291, 129 Am. St. R. 636; Franklin v. Franklin, 106 Pac. 353; Rumping v. Rumping, 36 Mont. 39, 91 Pac. 1057, 12 L. R. A. (N. S.) 1197.

of six months from the time it entered, and neither party can marry again until it becomes final.29

Causes: (1) Impotency at the time of the marriage; (2) adultery since the marriage; (3) wilful desertion for the 'period of one year; (4) conviction of a felony or other infamous crime; (5) habitual and gross drunkenness; (6) extreme cruelty by either party.

Procedure: The action may be commenced after the plaintiff has been domiciled in the state for the period of one year. The cause may be tried after the expiration of five months from the time of service on the defendant, and less time if the service is made within the state of Nebraska. The cause may be tried in open court at a regular term in the county of the plaintiff's domicile.30

$253.

duct

New Hampshire.

Causes: (1) Impotency; (2) adultery; (3) extreme cruelty: (4) conviction of crime punishable by imprisonment for the period of one year, and actual imprisonment thereunder; (5) conduct seriously injuring the health of the other; (6) conseriously endangering reason; (7) absence for three years unheard of; (8) habitual drunkenness for the period of three years; (9) joining a religious society which believes and teaches that the relation of husband and wife is unlawful, and refusal to cohabit for the period of six months; (10) abandonment without cohabitation for three years; (11) wife absenting herself for three years; (12) husband absenting himself for three years, without provision for the support of the wife; (13) the wife of a citizen, going to reside beyond the limits of the state, and remaining absent and separated for the period of ten years, without the consent of the husband, or without claiming her marriage rights; (14) wife of an alien, or citiof another state, residing in this state three years, her

zen

29.

Compiled Statutes of Nebraska, 1911; Lumber Co. V. Dewey, 126 N. W. 87; Eaton v. Eaton, 66 Neb. 676, 92 N. W.. 995, 60 L. R. A. 605; Kirkpatrick V. Kirkpatrick, 81 Neb. 627, 116 N. W. 499, 129 Am. St. R. 708; Schafer v. Schafer, 71 Neb. 708,

99 N. W. 482; Pine v. Pine, 72 Neb. 463, 100 N. W. 938.

30. Compiled Laws of Nevada, 1912; Laws of 1913; Kapps. 7th District Court, 107 Pac. 95; McKinn v. 2nd. District Court, 110 Pac. 4: Worthington V. Dist. Court, 142 Pac. 238.

husband having left the United States with the intention of becoming a citizen of a foreign country, and not having come into this state during said period and claimed his marital rights, or made suitable provision for his wife's support and maintenance.

Procedure: The action may be commenced after the plaintiff has been domiciled in the state, for the period of one year. The cause may be tried before the court after the expiration of four months from the time of service on the defendant.3 31

$254. New Jersey.

Causes: (1) Adultery; (2) wilful continued and obstinate desertion for the term of two years.

Procedure: The action cannot be commenced until the plaintiff has had a domicile in the state for the term of two years, and no divorce can be granted unless the cause of action arose while either the plaintiff or the defendant was domiciled in the state, unless the act complained of was a cause for divorce under the laws of the state of the domicile of one of the parties at the time it was committed. The trial may be had before the court of Chancery, after the expiration of six months from the time of service on the defendant, and after the report of the commissioner is filed with the court. The first decree is nisi and does not become absolute until the expiration of six months, or, if an appeal is taken, until the appeal is decided, during which time neither party can again marry. A jury trial may be had. All decisions prior to 1907, when an entire new divorce act was passed by the legislature, are entirely inapplicable, except as to what acts constitute ground for divorce.3

$255. New Mexico.

32

Causes: (1) Abandonment; (2) adultery; (3) impotency; (4) the wife pregnant at the time of the marriage, by another than the husband, without his knowledge; (5) cruel and in

31. Public Statutes of New Hampshire, 1901; Drake v. Drake,

78 Atl. 1071; Sworoski 7. Sworoski, 75 N. H. 1, 70 Atl. 119; Shute v. Sargent, 67 N. H. 305, 36 Atl. 282; Hillard v. Baldwin, 80 Atl. 139.

32. Compiled St. 1910, Vol. 2, pp. 2030-2032; Flynn v. Flynn, (N. J.) 92 Atl. 645; Koch v. Koch, 79 N. J. Eq. 24, 80 Atl. 113; Getz v. Getz, 81 N. J. Eq. 465, 81 Atl. 376; Mason v. Mason, 69 N. J. Eq. 292, 60 Atl. 337.

human treatment; (6) neglect of the husband to support the wife according to his ability, means and station in life; (7) habitual drunkenness; (8) conviction and imprisonment for felony.

Procedure: The action cannot be commenced until the plaintiff has been domiciled in the state for the period of one year. The trial may be had after the expiration of three months from the time of service on the defendant. The first decree is nisi, and does not become absolute, or allow either party to marry again, until the expiration of six months from the date of the nisi decree.33

₤256. New York.

Causes: In the State of New York the only ground for absolute divorce is adultery.

Procedure: Unless the offense was committed in the state, while one or both of the parties were domiciled therein, the plaintiff must have had a domicile within the state for the period of one year before commencing the action. The trial may be had after the expiration of two months from the time of service on the defendant. In contested cases the trial is by jury, unless the parties stipulate that the hearing shall be had before a referee. Uncontested cases are tried by the court. The first decree is nisi and does not permit either party to marry, or dissolve the marriage. The nisi decree does not become absolute, automatically, but upon application of the party entitled to it. After the nisi decree has been recorded three months it may be made absolute. The nisi decree cannot be made absolute if the party entitled to it does not so desire, and it does not become and cannot be made absolute in case of the death of either party. The final judgment cannot stand if the parties cohabit after the interlocutory decree.34

$257. North Carolina.

Causes: (1) Living in adultery; (2) separation for ten years, if there are no children, issue of the marriage.

33. Compiled Laws of New Mexico, 1897; Session Laws of 1897 to 1911; Territory v. Harwood, 110 Pac. 556.

34. Consolidated Laws of New York, 1909; New Code of Civil Procedure (N. Y.), 1911; In Re Crandall's Est., 196 N. Y. 127, 89

N. E. 578, 134 Am. St. R. 830; Pettit v. Pettit, 93 N. Y. Supp. 1001, 105 App. Div. 312; Adams v. Adams, 106 N. Y. Supp. 1064; Cary v. Cary, 129 N. Y. Supp. 444; Dye v. Dye, 125 N. Y. Supp. 242; In Re Newcomb's Estate, 192 N. Y. 238, 84 N. E. 950.