DĪVORTĬUM

( ἀπόλειψις , ἀπόπεμψις ), divorce. (1) Greek. The laws of Athens permitted either the husband or the wife to call for and effect a divorce. If it originated with the wife, she was said to leave her husband’s house ( ἀπολείπειν ); if otherwise, to be dismi ed from it ( ἀποπεμπέσθαι ). After divorce, the wife resorted to her male relations, with whom she would have remained if she had never quitted her maiden state; and it then became their duty to receive or recover from her late husband all the property that she had brought to him in acknowledged dowry upon their marriage. If, upon this, both parties were satisfied, the divorce was final and complete: if otherwise, an action ἀπολείψεως , or ἀποπέμψεως , would be instituted, as the case might be, by the party opposed to the separation. A separation, however, whether it originated from the husband or the wife, was considered to reflect discredit on the latter.—(2) Roman. Divorce always existed in the Roman polity. As one e ential part of a marriage was the consent and conjugal affection of the parties, it was considered that this affection was nece ary to its continuance, and accordingly either party might declare his or her intention to di olve the connection. No judicial decree, and no interference of any public authority, was requisite to di olve a marriage. The first instance of divorce at Rome is said to have occurred about B.C. 234, when Sp. Carvilius Ruga put away his wife, on the ground of barrenne : it is added, that his conduct was generally condemned. Towards the latter part of the republic, and under the empire, divorces became very common. Pompey divorced his wife Mucia for alleged adultery; and Cicero divorced his wife Terentia, after living with her thirty years, and married a young woman. Cato the younger divorced his wife Marcia, that his friend Hortensius might marry her, and have children by her; for this is the true meaning of the story that he lent his wife to Hortensius. If a husband divorced his wife, the wife’s dowry, as a general rule, was restored; and the same was the case when the divorce took place by mutual consent. Corresponding to the forms of marriage by confarreatio and coemtio , there were the forms of divorce by diffarreatio and remancipatio . In course of time, le ceremony was used; but still some distinct notice or declaration of intention was nece ary to constitute a divorce. The term repudium , it is said, properly applies to a marriage only contracted, and divortium to an actual marriage; but sometimes divortium and repudium appear to be used indifferently. The phrases to expre a divorce are, nuntium remittere , divortium facere ; and the form of words might be as follows— Tuas res tibi habeto, tuas res tibi agito . The phrases used to expre the renunciation of a marriage contract were, renuntiare repudium , repudium remittere , dicere , and repudiare ; and the form of words might be, Cond it i one tua non utor .