the parties resides, but if they reside in different states, the court
having jurisdiction of the party making application for the divorce may
grant the decree, but it has no authority to make a decree as to the
custody of the children, if they are non-residents of the state where
the decree of divorce is rendered. A decree of divorce can always be set
aside for fraud in obtaining it.

[Sidenote: Petition.]

When the application for divorce is against a party not residing in this
state, the petition, in addition to the facts on account of which the
applicant claims the relief sought, must state that such applicant has
been for the last year a resident of the state, stating the town and
county in which he has resided, and the length of his residence therein,
after deducting all absences from the state; that he is now a resident
thereof; that such residence has been in good faith and not for the
purpose of obtaining a divorce only; and it must in all cases state that
the application is made in good faith and for the purpose set forth in
the petition. [§3412.]

[Sidenote: Verification. Evidence. Hearing.]

All the allegations of the petition must be verified by oath and proved
by competent evidence. No divorce shall be granted on the evidence of
the applicant alone, and all such actions shall be heard in open court
on the testimony of witnesses or depositions. [§3413.] No divorce can be
granted by consent of parties unless grounds therefor can be shown by
competent evidence, and if collusion or conrivance on the part of the
defendant can be shown, such fact will be a valid defense.