DIVORCE (ante) in this country depends upon the statutes of the several states, and there is great variety among them. In South Carolina a divorce is not allowed for any cause; in New York for adultery only; but in most of the states it may be granted for several causes, as adultery, cruelty, willful desertion for a certain period, habitual drunkenness, etc. In some states the matter is left wholly or in part to the discretion of the court. The principal defenses in suits for divorce are the same as in the English courts. The consequences of divorce are such as flow from the sentence by operation of law, or flow from either the sentence or the proceeding by reason of their being directly ordered by the court and entered of record. In regard to the former, they are chiefly such as result immediately and necessarily from the definition and nature of a divorce. Being a dissolution of the marriage relation, the parties no longer have any of the rights nor are they subject to any of the duties pertaining to that relation. They are thenceforth single persons to all intents and purposes. It is true that the statutes of some of the states contain provisions disabling the guilty party from marrying again; but those are in the nature of penal regulations, collateral to the divorce, and which leave the latter in full force. In regard to the rights of property as between husband and wife, a sentence of divorce leaves them as it finds them. Consequently all trans
fers of property which were actually executed, either in law or in fact continue undis turbed; forexample, the personal estate of the wife reduced to possession by the husband, remains his after the divorce the same as before. But it puts an end to all rights depending upon the marriage, and not actually vested; as, dower in the wife, all rights of the husband in the real estate of the wife, and his right to reduce to possession her right to collect debts or damages for breach of contract. In New York, however, with respect to dower it has been settled that immediately upon marriage being solemnized the wife's right to dower becomes perfect, provided only that she survives her husband. Alimony during proceedings for divorce is a frequent question, usually in the discretion of the court. The custody of children is another and more important question. The general principle is to consult the welfare of the child rather than any supposed rights of either parent; but in considering the rights of parents the innocent parent is preferred before the guilty. In the absence of a controlling necessity, or very strong propriety arising from the circumstances of the case, the father's claim has preference.