Legal Status of Women in Iowa by Jennie Lansley Wilson
page 40 of 99 (40%)
page 40 of 99 (40%)
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innocence, and such as would lead the guarded discretion of a just mind
to the conclusion of the truth of the facts. The disposition of the parties may be shown, with the fact of their being together and having an opportunity to commit the act. [Sidenote: Desertion.] A reasonable cause for desertion must be some wrongful conduct on the part of the other party, and must be of such a serious nature that it would _prima facie_ entitle the party deserting to a divorce. If husband and wife mutually agree to separate, such separation will not constitute ground for divorce, unless the party applying for the divorce, in good faith expresses a desire to live with the other. Where the wife is compelled to leave her husband on account of inhuman treatment, such as would entitle her to a divorce, such desertion cannot be made the basis of proceedings for divorce by the husband, for in such case he and not she is guilty of desertion, and this may be alleged by the wife, with other causes, in seeking a divorce. A wife may be justified in leaving her husband because of his failure to protect her from insult and abuse, and when she leaves him for this cause, her desertion will not be grounds for divorce. [Sidenote: Felony.] A conviction for felony which may be subject to reversal does not constitute ground for divorce, but such conviction must be final and absolute. [Sidenote: Drunkenness.] |
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