the Court grants a divorce for the fault of the husband
Explanation: http://legal-dictionary.thefreedictionary.com/divorce When a divorce a vinculo takes place, it is, in general, a bar to dower; but in Connecticut, Illinois, New York, and, it seems, in Michigan, dower is not barred by a divorce for the fault of the husband. In Kentucky, when a divorce takes place for the fault of the husband, the wife is entitled as if he were dead. http://books.google.pl/books?id=2nKmAAAAIAAJ&pg=PA239&lpg=PA... American Family Laws: A Comparative Study of the Family Law of the Forty-eight American States, Alaska, the District of Columbia, and Hawaii On divorce for the fault of the husband, the wife keeps her dower ; but if divorce is for her fault, she loses it, and any estate granted by the laws of this state in her husband's real estate. http://law.justia.com/cases/kansas/supreme-court/1959/41-179... Garver v. Garver This was an action for divorce, division of property, and alimony. The wife (plaintiff-appellant) was granted a divorce for the fault of the husband (defendant-appellee). Neither party complains about that portion of the judgment granting plaintiff a divorce. Plaintiff appeals from that part of the judgment pertaining to a division of property, and contends that the court erred in not allowing her alimony. [...] While the mentioned statute is not a model of clarity, it is apparent the legislature intended that the sentence dealing with division of jointly acquired property apply both to cases where the divorce is granted the wife for the fault of the husband and to cases where the husband is granted the divorce for the fault of the wife. [...] This court has repeatedly held it is mandatory where the wife is granted a divorce for the fault of the husband that the trial court award her such alimony as it shall think reasonable, with the allowance to be made in real or personal property, or both, or in money. (Meads v. Meads, supra, and cases cited therein.) Similarly, it is mandatory that the court make an equitable division of the jointly acquired property. http://www.ndcourts.gov/court/opinions/8183.htm IN THE SUPREME COURT STATE OF NORTH DAKOTA Mike Fischer, Plaintiff and Cross Defendant, Appellant, v. Pauline Fischer, Defendant and Cross Complainant, Respondent. Case No. 8183 [...] In approving this rule, our court said: We think this is a proper rule to apply, where, as in this case, the wife has been granted a divorce for the fault of the husband. Under it, it is clear to us that the division of property made by the trial court is not unfair to the plaintiff. He is not required to pay alimony. The marriage relation is completely dissolved. http://archive.org/stream/digestoflawyersr01hilliala/digesto... 12. A judgment for alimony in favor of a wife, the right to which becomes vested, by force of statute, upon a decree of divorce for the fault of the husband, is a debt against the husband, subject only to variation in amount in case of appeal, which, upon the death of both parties pending appeal, will survive in favor of the personal representative of the wife and against the personal representative of the husband.
| Karol Kawczyński Poland Local time: 15:35 Specializes in field Native speaker of: Polish PRO pts in category: 476
|
|