Marriage and Divorce Laws of the World Part 34

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, pa.s.sed 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 a.s.sistant 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 ent.i.tle 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.