DIVORCE

Definition of DIVORCE in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DIVORCE

The legal separation of man and wife, effected, for cause, by the judgment, of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties. Atherton v. Atherton, 181 U.S. 155, 21 S.Ct. 544, 45 L.Ed. 794. Sometimes it includes "annulment." Millar v. Millar, 175 Cal. 797, 167 P. 394, 398, L.R.A. 1918B, 415, Ann.Cas.1918E, 184.

The dissolution Is termed "divorce from the bond of matrimony," or, in the Latin form of the expression, "a vinculo matrimonii;" the suspension, "divorce from bed and board," "a mensa et thoro." The former divorce puts an end to the marriage; the latter leaves it in full force. 2 Bish.Mar. & Div. § 225.

The term "divorce" Is now applied, in England, both to decrees of nullity and decrees of dissolution of marriage, while in America it is ordinarily used only in cases of divorce a mensa or a vinculo, a decree of nullity of marriage being granted for the causes for which a divorce a vinculo was formerly obtainable in England.

Divorce a mensa et thoro. A divorce from table and bed, or from bed and board. A partial or qualified divorce, by which the parties are separated and forbidden to live or cohabit together, without affecting the marriage itself. 1 Bl. Comm. 440; 3 Bl. Comm. 94; 2 Steph. Comm. 311; 2 Bish. Mar. & Div. § 225; Fisher v. Harrison, 165 Va. 323, 182 S.E. 543, 544, 104 A.L.R. 102. Divorce a vinculo matrimonii. A divorce from the bond of marriage. A total divorce of husband and wife, dissolving the marriage tie, and releasing the parties wholly from their matrimonial obligations. 1 Bl. Comm. 440; 2 Steph. Comm. 310, 311; 2 Bish. Mar. & Div. § 225; De Roche v. De Roche, 12 N.D. 17, 94 N.W. 770.

Divorce suit. A "divorce suit" • is a civil proceeding founded on a matrimonial wrong, wherein the married parties are plaintiff and defendant, and the government, or public, occupies, without being mentioned in the pleadings, the position of a third party, resulting in a triangle and otherwise sui generis action of tort. Gallemore v. Gallemore, 94 Fla. 516, 114 So. 371, 372.

Foreign divorce. A divorce obtained out of the state or country where the marriage was solemnized. 2 Kent, Comm. 106, et seq.

Limited divorce. A divorce from bed and board; or a judicial separation of husband and wife not dissolving the marriage tie. Yost v. Yost, 143 Neb. 80, 8 N.W.2d 686.

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