continued uninterruptedly for at least three years, and
is deliberate and final, and the separation of the par-
ties beyond any reasonable expectation of reconcilia-'
tion; fifthly, when the woman before marriage has'
been guilty of illicit carnal intercourse with another
man, the same being unknown to the husband at
the time of the marriage, and when such carnal con-
nection shall be proved to the satisfaction of the
court; and in all cases where a divorce a vinculo matrimonial is decreed for adultery or abandonment, the
court may, in its discretion, decree that the guilty
party shall not contract marriage with any other per-
son during the life-time of the other party, in which
case the bond of matrimony shall be deemed not to be
dissolved as to any future marriage of such guilty
party, contracted in violation of such decree, or in
any prosecution on account thereof.
(SEC. 26. Divorces // mensa et thoro may be decreed
for the following causes, to wit: first, cruelty of
treatment; secondly, excessively vicious conduct;
thirdly, abandonment and desertion; and the court
may decree such divorces forever, or for a limited
time; and in all cases where a divorce a mensa et thoro
is decreed, it may be revoked at any time thereafter
by the court granting the same, upon the joint ap-
plication of the parties to be discharged from the
operation of the decree; and the court may decree
a divorce a mensa et thoro in cases where a divorce a
vinculo matrimonii is prayed, if the causes proved be
sufficient to entitle the party to the same; and in all
cases where a divorce is decreed, the court passing
the same shall have full power to award to the wife
such property or estate as she had when married, or
the value of the same, or of such part thereof as
may have been sold or converted by the husband,
having regard to the circumstances of the husband
at the time of the divorce, or such part of any
such property as the court may deem reasonable;
and also have power to order and direct who shall
have the guardianship and custody of the children,
and be charged with their support and maintenance,
and may at any time thereafter annul, vary or
modify such order in relation to the children.
Approved April 1, 1872.
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Causes for
granting.
Discretion of
the Court.
Divorces a
mensa et thoro
Causes for
granting.
Powers of the
Court.
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