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Legal Status of Women in Iowa

Chapter 4 DIVORCE, ANNULLING MARRIAGES AND ALIMONY.

Word Count: 2398    |    Released on: 30/11/2017

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granted by the general assembly." A divorce obtained from a court not having jurisdiction is absolutely void. The residence necessary to give the court jurisdiction must be permanent, or at least of a sufficient period of time to indicate an intention of continued residence and citizenship. The general rule is that the domicile of the wife and children is to be considered the same as that of the husband, but in a proceeding for divorce the law recognizes that husband

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or the last year a resident of the state, stating the town and county in which he has resided, and the length of his residence therein, after deducting all absences from the state; that he is now a resident thereof; that

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, and all such actions shall be heard in open court on the testimony of witnesses or depositions. [§3413.] No divorce can be granted by consent of parties unless

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ony may be decreed against the h

ed adultery subsequ

d absents himself without a reasonab

cted of felony a

he becomes addicted to

uman treatment as to endanger

ir welfare required a separation, a decree of divorce might be granted, but no valid divorce can now be granted for any other cause than for some one of those

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nces which would be inconsistent with any rational theory of innocence, and such as would lead the guarded discretion of a just mind to the conclusion o

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he party applying for the divorce, in good faith expresses a desire to live with the other. Where the wife is compelled to leave her husband on account of inhuman treatment, such as would entitle her to a divorce, such desertion cannot be made the basis of proceedings for divorce by the husband, for in such cas

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reversal does not constitute ground for divorce,

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grant her relief from the result of her misplaced confidence, but where the habit has been acquired subsequent to the marriage and has become fixed and t

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a degree that the life will be ultimately endangered, it will entitle the injured party to a divorce. Ungovernable outbursts of rage, the use of profane and obscene language, applying insulting epithets to the wife in the presence of others, acts of cruelty and neglect in sickness, coupled with failure to provide suitable food and clothing, have all been held to be such cr

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e child or children then living, which was unknown to the wife at the time of the marriage. [§3415.] In many other states, divorce will be granted to the husband, for the cause here named, but in

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for the causes as above stated, b

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t the party making the application is entitled to a divorce. It is sufficient if it appears that such party is without means of support and unable to prosecute the action without such allowance. The fact of marriage must be either admitted or proved. The court may allow attorney's fees in proceed

hildren, pending a proceeding for divorce, the court has power to provide for

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ment and held to satisfy the decree of the court. [§3418.] Attachment may be allowed without bond and it may be granted in a suit to annul an illegal marriage as well

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pecuniary condition of the parties, and such other matters as are deemed pertinent, which may be sho

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ut the court may set apart a specific portion of property as alimony. Only in rare cases and under peculiar circumstances will alimony be granted to the party in fault. A judgment for alimony may be made a lien upon specific property, and the court may declare it a lien on the homestead. The court granting a divorce and alimony retains jurisdiction of the same, and upon a subsequent change in the circumstances of the parties, may modify or change the decree in relation to alimony and custody of children as may seem just and proper and for the best interests o

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] After a decree of divorce neither party can have any interest in the property of the other exc

illegal

annulled for the

ween the parties i

as impotent at the t

marriage, provided they have not continued to live and coh

husband a presumption of death does not arise until he has been absent seven years without intelligence concerning him. Where a party is insane or idiotic, and is therefore incapable of cons

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r divorce, and all the provisions of this chapter shall

ty det

rty may file a petition and the court shall decree it

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se of impotency, the issue shall be illegitimate, but when on account of non-age, or insanity, o

marr

ng the prior husband or wife to be dead, that fact shall be stated in the degree of nullity; and the issue of the second

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e capable of contracting, and the marriage is declared a nullity, such fact shall be entered in th

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