A common device with people within the
prohibited degrees is to get married abroad, but such marriage is
strictly speaking inoperative, and the children of such union are
illegitimate. Practically, however, it is a matter of no importance, for
when people live together and say they are married, they are accepted at
their own estimate.
A man can obtain a divorce from his wife if he can prove that she has
been guilty of adultery since her marriage. This may be established by
inference. Obviously, it is difficult in the majority of cases to
establish by ocular demonstration that adultery has been committed. But
given evidence of familiarity and affection with opportunity and
suspicious conduct, a jury will commonly infer it.
A woman cannot obtain a divorce from her husband for adultery alone. She
must prove adultery plus cruelty, or adultery plus desertion without
reasonable cause. Failing this, she may be able to prove either bigamy
or incestuous adultery. Legal cruelty is a very comprehensive term, and
does not of necessity mean physical violence. If the husband as the
result of his infidelity were to give his wife a contagious disease,
that would constitute cruelty.
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