Divorce

[Lat. divortium, from divertere, (anc. divortere,) to turn away, to separate; L. Fr. devorce, devors.] The separation of husband and wife by the sentence of the law.* Shel/ord Marr. A Div, 363.

The lawful separation of husband and wife

made before a competent judge, on due cognizance had of the cause, and sufficient proof made thereof.

Ayliff^s Parergon, 225.

See Godolph.

See Godolph.

Abr. 493.

The dissolution of the marriage contract by law

either totally, (a vinculo matrimo^ nii,) or partially, (a mensa et ikoro.)* 1 BL Com. 440, 441.

2 Steph. Com. 310, 311. 2 Kent's Com. 95, et seq.

See infra. The word divorce appears to be framed partly from the original Latin divortium, and partly from the old French form devorce or devors. Divorce is used by Littieton. According to Lord Coke, it is so called from divertendo, (turning away,) because a man is thus turned away from his wife; (divortium dicitur a divertendo, vel divortendo, quia vir divertitur. ab uxare.) Co. Litt, 235. The derivation given in the civil law illustrates the facility with which the Roman divorces were allowed. Divortium vel a diversitate mentium dictum est, vel quia in diversas partes eunt qui distrahunt matrimonium; divorce is so called either from diversity of minds, or because they who break off marriage go different ways.

Dig. 24. 2. 2.

It is worthy of remark that of the two great writers on the ancient law of England, Britton defines divorce to be nothing more than a separation of the bed; (devorce Tiest autre chose que severaunce de lyt parentre espous et espouse,) while Bracton makes a clear distinction between the two. Britt. c.

107.

Bract, fol.

92 b.

See Divortium. Divorce a vinculo matrimoku. A divorce from the bond of marriage. A total divorce of husband and wife, dissolving the marriage tie, and releasing the parties wholly from their matrimonial obligations. i BL Com, 440.

2 Steph. Com, 310, 811. Shelford, Mar. d: Div. 863, et seq, 2 Kent's Com, 95.

Divorce a mensa et thoro

A divorce from table and bed, or from bed and board. A partial or qualified divorce, by which the parties are separated and forbidden to live or cohabit together, without affecting the marriage itself.

1 Bl, Com. 440. 3 Id, 94. 2 Steph, Com, 311. Shelf, Mar. d Div, 363, 364. 2 Kent's Com, 125.

Called by Bracton separatio ihori. Bract, fol.

92 b.