Divorce

(de-vōrz'.) [L. divortium, a severing.] (Law.) A separation, by law, of husband and wife. It is either a D. à vinculo matrimonii, that is, a complete di olution of the marriage bond, by which the parties become as entirely disconnected as those who have not been joined in wedlock; or a D.à mensâ et thoro (from bed and board), by which the parties are legally separated, but not unmarried. Divorces are generally obtained in consequence of adultery on the part of the wife, or of adultery, with cruelty or certain other serious offences, on the part of the husband; unle the petitioner has connived at or condoned the adultery, or been guilty of adultery also, or has too long delayed bringing the matter into court. A D. à mensâ et thoro is now termed a judicial separation, and is obtained on account of cruelty on the part of the husband or wife, or adultery alone on the part of the husband; it gives the wife, as to property and in other respects, the condition of afeme sole. Damages may be obtained by the injured husband from the co-respondent or paramour; more or le of the fortune brought by the guilty wife maybe allotted to the support of the children of the di olved marriage; and whether the marriage is di olved, or there is only a judicial separation, on petition of the wife, an order for alimony to her may be made. In this country, jurisdiction to grant divorces is generally conferred by statute upon courts of equity, or courts po e ing equity powers, but the provisions are far from being uniform in the different States on many questions relating to D., and on the legality of D. itself. Thus, in S. Carolina a D. is not allowed for any cause; in New York, only for adultery; while in most of the other States it is allowed for adultery, cruelty, wilful desertion for a specified period, habitual drunkenne , . [s. 294]