Marriage and Divorce Laws of the World Part 35

2. When the marriage took place without the consent of the parent, guardian, or other person having legal charge of her.

3. Where it was not followed by consummation or cohabitation, and was not ratified after attaining the age of 16 years.

DEFENCES IN DIVORCE ACTIONS.--Divorce will not be granted for the cause of adultery:

1. When the offense alleged has been condoned or forgiven by plaintiff.

2. When the adultery was committed by the procurement, connivance, privity or consent of plaintiff.

3. If five years have elapsed since the plaintiff discovered the defendant's guilt.

4. If there is existing any decree of any competent of any State or Territory of the United States granting an absolute divorce to the defendant and against the plaintiff.

5. If it appears that the plaintiff has also committed adultery.

CUSTODY OF CHILDREN.--During the pendency of an action for divorce, or on final judgment, the court may give such directions as justice requires for the custody, care and education of any of the children of the marriage.

ALIMONY.--The court has power during the pendency of an action for divorce to grant a woman plaintiff or defendant such allowance out of her husband's estate as may be necessary and just for her support, and also that she may be able to procure counsel to prosecute or defend the suit in her behalf.

If the wife becomes successful in the action the court may in its discretion award her permanent alimony. The amount of alimony in all cases depends upon the wife's needs, her social status, and her husband's ability to make provision for her.

FORM OF DIVORCE DECREE.--Decrees are first entered _nisi_, or provisionally, and cannot become absolute until the expiration of three months after the entry of the decree _nisi_.

NORTH CAROLINA.

MARRIAGE.--A male becomes capable of marrying at 16 years and a female at 14 years, but both if under 18 years require parental consent.

IMPEDIMENTS.--Marriage is prohibited between persons nearer of kin than first cousins of the whole or half blood.

So is marriage between whites and negroes or Indians, or between whites and persons of negro or Indian descent to the third generation, inclusive.

CAUSES FOR DIVORCE:

1. Husband's fornication or adultery.

2. Wife's adultery.

3. If either party at time of marriage was and still is naturally impotent.

4. Wife's pregnancy at time of marriage by another man, without husband's knowledge.

LIMITED DIVORCE.--A limited divorce may be obtained for the following causes:

1. If either party abandons his or her family.

2. If either party maliciously turns the other out of doors.

3. Cruel or barbarous treatment by one party endangering life of the other.

NORTH DAKOTA.

MARRIAGE.--No male can conclude marriage under 18 years of age or female under 15 years of age.

IMPEDIMENTS.--Marriage is prohibited between persons nearer of kin than second cousins of the whole blood.

FORMALITIES.--License necessary. No particular form of ceremony is required, but the parties must express consent in presence of person solemnizing the marriage, and of at least one witness.

CAUSES FOR DIVORCE:

1. Adultery.

2. Extreme cruelty.

3. Wilful desertion for one year.

4. Wilful neglect for one year.

5. Habitual intemperance for one year.

6. Conviction of felony.

Plaintiff must have been in good faith, a resident of the State for six months before filing pet.i.tion, and either a citizen of the United States or a person who has declared his or her intention to become such.

OHIO.

MARRIAGE.--To marry, a male must be at least 18 years and a female 16 years of age. Parental consent is required for males under 21 years and females under 18 years.

IMPEDIMENTS.--Marriage between persons nearer of kin than second cousins is forbidden.

FORMALITIES.--License is necessary unless banns be published in presence of congregation on two different days of public wors.h.i.+p. No particular form of ceremony is required. The marriage may be solemnized by any ordained minister licensed by the State to perform marriages, or a justice of the peace in his county.

CAUSES FOR DIVORCE:

1. Upon proof that either party was already married at time of the marriage sought to be dissolved.

2. Wilful absence of one party from the other for three years.

3. Adultery.

4. Impotency.

5. Extreme cruelty.

6. Fraudulent contract.

7. Any gross neglect of duty.