divorce

In order to make a divorce valid, even when granted by the courts of the state of the matrimonial domicil, there must be notice to the defendant, either by service of process, or (if the defendant be a nonresident) by such publication or other constructive notice as is required by the law of the state.

The dissolution or partial suspension, by law, of the marriage relation. The dissolution is termed "divorce from the bond of matrimony," or, in the Latin form of the expression, a vinculo matrimonii; the suspension, divorce from bed and board, a mensa et thoro. The former divorce puts an end to the marriage; the latter leaves it in full force. Bish. Mar. & Div. § 292. The term "divorce" is sometimes also applied to a sentence of nullity, which establishes that a supposed or pretended marriage either never existed at all, or at least was voidable at the election of one or both of the parties. The more correct modern usage, however, confineis the signification of divorce to the dissolution of a valid marriage. What has ration. So, also, a sentence or decree which renders a marriage void o6 initio, and bastardizes the issue, should be distinguished from one which is entirely prospective in its operation; and for that purpose the for-' mer may be termed a "sentence of nullity."

The legal separation of man and wife, effected, for cause, by the judgment of a court, and either totally dissolving the marriage relation or suspending its effects so far as concerns the cohabitation of the parties. Atherton v. Atherton, 181 U. S. 155, 21 Sup. Ct. 544, 45 L. Ed. 794; Miller v. Miller, 33 Cal. 355; Cast v. Cast, 1 Utah, 112. The dissolution is termed "divorce from the bond of matrimony," or, in the Latin form of the expression, "a vinculo matnmoniij" the suspension, "divorce from bad and board," "a mensa et thoro." The former divorce puis an end to the marriage; the latter leaves it in full force. 2 Bish. Mar. & Div. § 225. The term "divorce" ls now applied, in England, bath to decrees of nullity and decrees of dissolution of marriage, while in America it is used only in cases of divorce a mensa or a vinculo, a decree of nullity of marriage being granted for the causes for which a divorce a vinculo was formerly obtainable in England.

— 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. Comm. 440 ; 3 Bl. Comm. 94 ; 2 Steph. Comm. 311; 2 Bish. Mar. & Div. § 225; Miller v. Clark, 23 Ind. 370; Rudolph v. Rudolph (Super. Buff.) 12 N. Y. Supp. 81; Zule v. Zule, 1 N. J. Eq. 99.

— Divorce a vinculo matrimonii. 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. 1 Bl. Comm. 440; 2 Steph. Comm. 310, 311; 2 Bish. Mar. & Div. § 225; De Roche v. De Roche, 12 N. D. 17. 94 N. W. 770,

— Foreign divorce. A divorce obtained out of the state or country where the marriage was solemnized. 2 Kent, Comm. 106, et seq

— Limited divorce. A divorce from bed and board ; or a judicial separation of husband and wife not dissolving the marriage tie. Divortium dicitur a divertendo, qula vir divertitur ab uxore. Co.. Litt. 235. Divorce is calied from divertendo, because a man is diverted from hls wlfe.

The separation of husband and wife by the sentence of the law. 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 without affecting the marriage itself. Divorce a vinculo matrimonii: a divorce from the bond of marriage, — a divorce dissolving the marriage tie, and releasing the parties wholly • from their matrimonial obligations.

The legal separation of man and wife, effected, for cause, by the judgment of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties. The dissolution is termed “divorce from the bond of matrimony,” or, in the Latin form of tho expression,“ vinewlo mairimonil; ” the suspension, “divorce from bed and board, ”“:mense et there.” The former divorce puts an end to the marriage; the latter leaves it in full force. 2 Bisb. Mar. & both to decrees of nullity and decrees of dissolution of marriage, while in America it is used only in eases of divorce a mensea or a vinculo, a decree of nullity of marriage being granted for the causes for which a divorce a vineulo was formerly ob tainable in England.

Divortium, I. The legal separation of husband and wife, by decree of court. Divorce a vinculo matrimonii, (from the tie of marriage): absolute divorce, where the wife has no dower and the parties can many again. If for a cause existing prior to marriage, the children are bastards. Divorce a mensa et thoro, (from bed and board): a legal separation, but the parties may not marry again. There are various kinds of these divorces under modem statutes, frequently called absolute and limited divorce respectively, or total and partial

[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. 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.