英文法律词典 D-78
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DIVORCE. The dissolution of a marriage contracted between a man and a woman, by the judgment1 of a court of competent jurisdiction2, or by an act of the legislature. It is so called from the diversity of the minds of those who are married; because such as are divorced go each a different way from the other. Ridley's Civ. & Eccl. Law, pp. 11, 112. Until a decree of divorce be actually made, neither party can treat the other as sole, even in cases where the marriage is utterly3 null and void for some preexisting cause. Griffiths v Smith, D. C. of Philadelphia, 3 Penn. Law Journal, 151, 153. A decree of divorce must also be made during the lifetime of both the parties. After the decease of either the marriage will be deemed as legal in all respects. Reeves" Dom. Rel. 204; 1 Bl. Com. 440. See Act of Pennsylvania, March 13, 1815, &sect4;5.

2. Divorces are of two kinds; 1. a vinculo matrimonii, (q. v.) which dissolves and totally severs5 the marriage tie; and, 2. a mensa et thoro, (q. v.) which merely separates the parties.

3. - 1. The divorce a vinculo was never granted by the ecclesiastical law except for the most grave reasons. These, according to Lord Coke, (Co. Litt. 235, a,) are causa praecontractus, causa metus, causa impotentiae, seu frigiditatis, causa affinitatis, et causa consanguinitatis. In England such a divorce bastardizes the issue, and generally speaking, is allowed only on the ground of some preexisting cause. Reeves' Dom. Rel. 204-5; but sometimes by act of parliament for a supervenient cause. 1 Bl. Com. 440. When the marriage was dissolved for canonical7 causes of impediment, existing previous to its taking place, it was declared void ab initio.

4. In the United States, divorces a vinculo are granted by the state legislatures for such causes as may be sufficient to induce the members to vote in favor of granting them; and they are granted by the courts to which such jurisdiction is given, for certain causes particularly provided for by law.

5. In some states, the legislature never grants a divorce until after the courts have decreed one, and it is still requisite9 that the legislature shall act, to make the divorce valid10. This is the case in Mississippi. In some states, as Wisconsin, the legislature cannot grant a divorce. Const. art. 4, is. 24.

6. The courts in nearly all the states have power to decree divorces a vinculo, for, first, causes which existed and which were a bar to a lawful11 marriage, as, precontract, or the existence of a marriage between one of the contracting parties and another person, at the time the marriage sought to be dissolved took place; consanguinity12, or that degree of relationship forbidden by law; affinity13 in some states, as Vermont, Rev8. Stat. tit. 16, c. 63, s. 1; impotence, (q. v.) idiocy14, lunacy, or other mental imbecility, which renders the party subject to it incapable15 of making a contract; when the contract was entered into in consequence of fraud. Secondly16, the marriage may be dissolved by divorce for causes which have arisen since the formation of the contract, the principal of which are adultery cruelty; wilful17 and malicious18 desertion for a period of time specified19 in the acts of the several states; to these are added, in some states, conviction of felony or other infamous20 crime; Ark. Rev. Stat. c. 50, s. 1, p. 333; being a fugitive21 from justice, when charged with an infamous crime. Laws of Lo. Act of April 2, 1832. In Tennessee the hushand may obtain a divorce when the wife was pregnant at the time of marriage with a child of color; and also when the wife refuses for two years to follow her hushand, who has gone bonafide to Tennessee to reside. Act of 1819, c. 20, and Act of 1835, c. 26 Carr. Nich. & Comp. 256, 257. In Kentucky and Maine,, where one of the parties has formed a connexion with certain religionists, whose opinions. and practices are inconsistent with the marriage duties. And, in some states, as Rhode Island and Vermont, for neglect and refusal on the part of the hushand (he being of sufficient ability) to provide necessaries for the subsistence of his wife. In others, habitual22 drunkenness is a sufficient cause.#p#副标题#e#

7. In some of the states divorces a mensa et thoro are granted for cruelty, desertion, and such like causes, while in others the divorce is a vinculo.

8. When the divorce is prayed for on the ground of adultery, in some and perhaps in most of the states, it is a good defence, 1st. That the other party has been guilty of the same offence. 2. That the hushand has prostituted his wife, or connived23 at her amours. 3. That the offended party has been reconciled to the other by either express or implied condonation24. (q. v.) 4. That there was no intention to commit adultery, as when the party, supposing his or her first hushand or wife dead, married again. 5. That the wife was forced or ravished.

9. The effects of a divorce a vinculo on the property of the wife, are various in the several states. When the divorce is for the adultery or other criminal acts of the hushand, in general the wife's lands are restored to her; when it is caused by the adultery or other criminal act of the wife, the bushand has in general some qualified25 right of curtesy to her lands; when the divorce is caused by some preexisting cause, as consanguinity, affinity or impotence, in some states, as Maine and Rhode Island, the lands of the wife are restored to her. 1 Hill. Ab. 51, 2. See 2 Ashm. 455; 5 Blackf. 309. At common law, a divorce a vinculo matrimonii bars the wife of dower; Bract. lib. ii. cap. 39, §4; but not a divorce ti mensa et, thoro, though for the crime of adultery. Yet by Stat. West. 1, 3 Ed. I. c. 84, elopement with an adulterer has this effect. Dyer, 195; Co. Litt. 32, a. n. 10; 3 P. Wms. 276, 277. If land be given to a man and his wife, and the heirs of their two bodies begotten26, and they are divorced. a vinculo, &c., they shall neither of them have this estate, but he barely tenants27 for life, notwithstanding the inheritance once vested in them. Co. Litt. 28. If a lease be made to hushand and wife during coverture, and the hushand sows the, land, and afterwards they are divorced a vinculo, &c., the hushand shall have the emblements in that case, for the divorce is the act of law. Mildmay's Case. As to personalty, the rule of the common law is, if one marry a woman who has goods, he may give them or sell them at his pleasure. If they are divorced, the woman shall have the goods back again, unless the hushand has given them away or sold them; for in such case she is without remedy. If the hushand aliened them by collusion, she may aver28 and prove the collusion, and thereupon recover the goods from the alience. If one be bound in an obligation to a feme sole, and then marry her, and afterwards they are divorced, she may sue her former hushand on the obligation, notwithstanding her action was in suspense29 during the marriage. And for such things as belonged to the wife before marriage, if they cannot be known, she could sue for, after divorce, only in the court Christian30, for the action of account did not lie, because he was not her receiver to account. But for such things as remain in specie, and may be known, the common law gives her an action of detinue. 26 Hen. VIII. 1.

10. When a divorce a vinculo takes place, it is, in general, a bar to dower; but in Connecticut, Illinois, New York, and, it seems, in Michigan, dower is not barred by a divorce for the fault of the hushand. In Kentucky, when a divorce takes place for the fault of the hushand, the wife is entitled as if he were dead. 1 Hill. Ab. 61, 2.

11. - 2. Divorces a mensa et thoro, are a mere6 separation of the parties for a time for causes arising since the marriage; they are pronounced by tribunals of competent jurisdiction. The effects of the sentence continue for the time it was pronounced, or until the parties are reconciled. A. divorce a mensa et thoro deprives the hushand of no marital31 right in respect to the property of the wife. Reeve's Dom. Rel. 204-5. Cro. Car. 462; but see 2 S. & R. 493. Children born after a divorce a mensa et thoro are not presumed to be the hushand's, unless he afterwards cohabited with his wife. Bac. Ab. Marriage, &c. E.

12. By the civil law, the child of parents divorced, is to be brought up by the innocent party, at the expence of the guilty party. Ridley's View, part 1, ch. 3, sect. 9, cites 8th Collation32. Vide, generally, 1 Bl. Com. 440, 441 3 Bl. Com. 94; 4 Vin. Ab. 205; 1 Bro. Civ. Law, 86; Ayl. Parerg. 225; Com. Dig. Baron33 and Feme, C;-Coop. Justin. 434, et seq.; 6 Toullier, No. 294, pa. 308; 4 Yeates' Rep. 249; 5 Serg. & R. 375; 9 S. & R. 191, 3; Gospel of Luke, eh, xvi. v. 18; of Mark, ch. x. vs. 11, 12; of Matthew, ch. v. v. 32, ch. xix. v. 9; 1 Corinth. ch. vii. v. 15; Poynt. on Marr. and Divorce, Index, h. t.; Merl. Rep. h. t.; Clef des Lois Rom. h. t. As to the effect of the laws of a foreign state, where the divorce was decreed, see Story's Confl. of Laws, ch. 7, §200. With regard to the ceremony of divorce among. theJews, see 1 Mann. & Gran. 228; C. 39. Eng. C. L. R. 425, 428. And as to divorces among the Romans, see Troplong, de l'Influence du Christianisme sur le Droit Civil des Romains, ch. 6. p. 205.



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1 judgment e3xxC     
n.审判;判断力,识别力,看法,意见
参考例句:
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
2 jurisdiction La8zP     
n.司法权,审判权,管辖权,控制权
参考例句:
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
3 utterly ZfpzM1     
adv.完全地,绝对地
参考例句:
  • Utterly devoted to the people,he gave his life in saving his patients.他忠于人民,把毕生精力用于挽救患者的生命。
  • I was utterly ravished by the way she smiled.她的微笑使我完全陶醉了。
4 sect 1ZkxK     
n.派别,宗教,学派,派系
参考例句:
  • When he was sixteen he joined a religious sect.他16岁的时候加入了一个宗教教派。
  • Each religious sect in the town had its own church.该城每一个宗教教派都有自己的教堂。
5 severs eb765f65d3310773d977468629157a1d     
v.切断,断绝( sever的第三人称单数 );断,裂
参考例句:
  • He shut his eyes to the severs reality. 对于这严峻的现实,他是闭着眼睛不肯看的。 来自《用法词典》
  • It practically severs the Mediterranean. 实际上是将地中海分开。 来自辞典例句
6 mere rC1xE     
adj.纯粹的;仅仅,只不过
参考例句:
  • That is a mere repetition of what you said before.那不过是重复了你以前讲的话。
  • It's a mere waste of time waiting any longer.再等下去纯粹是浪费时间。
7 canonical jnDyi     
n.权威的;典型的
参考例句:
  • These canonical forms have to existence except in our imagination.这些正规式并不存在,只是我们的想象。
  • This is a combinatorial problem in canonical form.这是组合论中的典型问题。
8 rev njvzwS     
v.发动机旋转,加快速度
参考例句:
  • It's his job to rev up the audience before the show starts.他要负责在表演开始前鼓动观众的热情。
  • Don't rev the engine so hard.别让发动机转得太快。
9 requisite 2W0xu     
adj.需要的,必不可少的;n.必需品
参考例句:
  • He hasn't got the requisite qualifications for the job.他不具备这工作所需的资格。
  • Food and air are requisite for life.食物和空气是生命的必需品。
10 valid eiCwm     
adj.有确实根据的;有效的;正当的,合法的
参考例句:
  • His claim to own the house is valid.他主张对此屋的所有权有效。
  • Do you have valid reasons for your absence?你的缺席有正当理由吗?
11 lawful ipKzCt     
adj.法律许可的,守法的,合法的
参考例句:
  • It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
  • We don't recognised him to be the lawful heir.我们不承认他为合法继承人。
12 consanguinity TY4yJ     
n.血缘;亲族
参考例句:
  • Aside from a thorough medical family history,there is no need to offer any genetic testing on the basis of consanguinity alone.除了需要一份详尽的家庭病史之外,没有必要仅根据有血缘关系这一条理由就进行任何的基因测试。
  • The identity in the primitive society was based on consanguinity.原始社会存在的身份是建立在血缘基础之上的。
13 affinity affinity     
n.亲和力,密切关系
参考例句:
  • I felt a great affinity with the people of the Highlands.我被苏格兰高地人民深深地吸引。
  • It's important that you share an affinity with your husband.和丈夫有共同的爱好是十分重要的。
14 idiocy 4cmzf     
n.愚蠢
参考例句:
  • Stealing a car and then driving it drunk was the ultimate idiocy.偷了车然后醉酒开车真是愚蠢到极点。
  • In this war there is an idiocy without bounds.这次战争疯癫得没底。
15 incapable w9ZxK     
adj.无能力的,不能做某事的
参考例句:
  • He would be incapable of committing such a cruel deed.他不会做出这么残忍的事。
  • Computers are incapable of creative thought.计算机不会创造性地思维。
16 secondly cjazXx     
adv.第二,其次
参考例句:
  • Secondly,use your own head and present your point of view.第二,动脑筋提出自己的见解。
  • Secondly it is necessary to define the applied load.其次,需要确定所作用的载荷。
17 wilful xItyq     
adj.任性的,故意的
参考例句:
  • A wilful fault has no excuse and deserves no pardon.不能宽恕故意犯下的错误。
  • He later accused reporters of wilful distortion and bias.他后来指责记者有意歪曲事实并带有偏见。
18 malicious e8UzX     
adj.有恶意的,心怀恶意的
参考例句:
  • You ought to kick back at such malicious slander. 你应当反击这种恶毒的污蔑。
  • Their talk was slightly malicious.他们的谈话有点儿心怀不轨。
19 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
20 infamous K7ax3     
adj.声名狼藉的,臭名昭著的,邪恶的
参考例句:
  • He was infamous for his anti-feminist attitudes.他因反对女性主义而声名狼藉。
  • I was shocked by her infamous behaviour.她的无耻行径令我震惊。
21 fugitive bhHxh     
adj.逃亡的,易逝的;n.逃犯,逃亡者
参考例句:
  • The police were able to deduce where the fugitive was hiding.警方成功地推断出那逃亡者躲藏的地方。
  • The fugitive is believed to be headed for the border.逃犯被认为在向国境线逃窜。
22 habitual x5Pyp     
adj.习惯性的;通常的,惯常的
参考例句:
  • He is a habitual criminal.他是一个惯犯。
  • They are habitual visitors to our house.他们是我家的常客。
23 connived ec373bf4aaa10dd288a5e4aabc013742     
v.密谋 ( connive的过去式和过去分词 );搞阴谋;默许;纵容
参考例句:
  • Her brother is believed to have connived at her murder. 据信她的哥哥没有制止对她的谋杀。 来自《简明英汉词典》
  • The jailer connived at the escape from prison. 狱吏纵容犯人的逃狱。 来自辞典例句
24 condonation c7d49cbfa584397090f9f505bde4de4d     
n.容忍,宽恕,原谅
参考例句:
25 qualified DCPyj     
adj.合格的,有资格的,胜任的,有限制的
参考例句:
  • He is qualified as a complete man of letters.他有资格当真正的文学家。
  • We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。
26 begotten 14f350cdadcbfea3cd2672740b09f7f6     
v.为…之生父( beget的过去分词 );产生,引起
参考例句:
  • The fact that he had begotten a child made him vain. 想起自己也生过孩子,他得意了。 来自辞典例句
  • In due course she bore the son begotten on her by Thyestes. 过了一定的时候,她生下了堤厄斯式斯使她怀上的儿子。 来自辞典例句
27 tenants 05662236fc7e630999509804dd634b69     
n.房客( tenant的名词复数 );佃户;占用者;占有者
参考例句:
  • A number of tenants have been evicted for not paying the rent. 许多房客因不付房租被赶了出来。
  • Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。
28 aver gP1yr     
v.极力声明;断言;确证
参考例句:
  • I aver it will not rain tomorrow.我断言明天不会下雨。
  • In spite of all you say,I still aver that his report is true.不管你怎么说,我还是断言他的报告是真实的。
29 suspense 9rJw3     
n.(对可能发生的事)紧张感,担心,挂虑
参考例句:
  • The suspense was unbearable.这样提心吊胆的状况实在叫人受不了。
  • The director used ingenious devices to keep the audience in suspense.导演用巧妙手法引起观众的悬念。
30 Christian KVByl     
adj.基督教徒的;n.基督教徒
参考例句:
  • They always addressed each other by their Christian name.他们总是以教名互相称呼。
  • His mother is a sincere Christian.他母亲是个虔诚的基督教徒。
31 marital SBixg     
adj.婚姻的,夫妻的
参考例句:
  • Her son had no marital problems.她的儿子没有婚姻问题。
  • I regret getting involved with my daughter's marital problems;all its done is to bring trouble about my ears.我后悔干涉我女儿的婚姻问题, 现在我所做的一切将给我带来无穷的烦恼。
32 collation qW9yG     
n.便餐;整理
参考例句:
  • It was in this retreat that Mr. Quilp ordered a cold collation to be prepared.奎尔普先生就是在这个别墅里预定冷点的。
  • I was quite taken with your line of photocopiers with collation and stapling capability.我被贵公司能够自动整理和装订的系列复印机吸引住了。
33 baron XdSyp     
n.男爵;(商业界等)巨头,大王
参考例句:
  • Henry Ford was an automobile baron.亨利·福特是一位汽车业巨头。
  • The baron lived in a strong castle.男爵住在一座坚固的城堡中。
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