June 19, 2007

Nevada's Online State News Journal

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[From The History of Nevada, edited by Sam P. Davis, vol. I (1913), pp. 739-741]

Nevada History:

NEVADA’S DIVORCE LAW  739

CHAPTER XXXVIII

NEVADA DIVORCE LAW.

            The unenviable reputation, throughout the length and breadth of the land, in regard to the divorce law, has heaped ignominy on the State of Nevada.  A few unscrupulous members of the legal fraternity, little better than outcasts at home, have come to Reno and besmirched the good name of a great State by their activity in converting into pernicious channels a law originally intended to give relief to mismated couples who could not travel the matrimonial highway in peace and harmony.

            The divorce law of Nevada was enacted by the first territorial legislative assembly in 1861.  The law was good enough for Nevada and gave general satisfaction until its exploitation for purely mercenary motives began.

            Twenty-two States have practically the same divorce laws in force on their statute books, with the exception of the provision regarding residence.  Until this year, Nevada required only six months’ residence, but that had to be clearly established before action for dissolution of marriage could have any standing in the courts of the state.  The residence had to be absolute, without the lapse of a single day except where good and sufficient reason could be shown, and to the entire satisfaction of the trial court.

            Six months’ residence was also necessary for citizenship in Nevada and enabled a man to exercise all the rights of a citizen.  Therefore, it naturally follows, that he could prosecute a divorce, or any other kind of a suit, in the State or which he was a citizen.

            In order that the reader may reach an intelligent understanding of this much mooted question, the stature on divorce is quoted in full:

            Divorce from the bonds of matrimony may be obtained * * * for the following causes:

            “First—Impotency at the time of marriage, continuing to the time of divorce.

740      THE HISTORY OF NEVADA

"Second--Adultery, since marriage, remaining unforgiven.

"Third—Willful desertion at any time, of either party by the other, for a period of one year.

"Fourth--Conviction of a felony or infamous crime.

"Fifth—Habitual gross drunkenness since marriage, of either party, which shall incapacitate him from contributing his or her share to the support of the family.

"Sixth—Extreme cruelty in either of the parties.

"Seventh—Neglect of the husband for the period of one year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband, which he could have avoided by ordinary industry."

As the law governing the term of residence, to acquire citizenship, which obtained in Nevada for half a century without causing even passing comment, has been taken advantage of for mere mercenary motives, the unanimous verdict of a righteously indignant people went forth that the law should be amended, in some way, to correct the evil. Thus at the last session of the Legislature the time required to obtain a residence before obtaining a divorce was changed from six months to one year.

If some sister States are stricken with remorse or find themselves in a sudden paroxysm of virtuous indignation, let them pass a law and enforce it, correcting the evils complained of at home, which will keep their divorces from coming to Reno—Nevada does not want them. If they persist in coming, let their home State enact a law which will make a divorce decree obtained in Nevada, void and of no effect whenever and wherever said divorcee sets foot within the borders of the home State. When other States enact and rigidly enforce some such drastic measure, the West will begin to have some regard for their particular brand of virtue. Until then, the West may be pardoned for believing that cant and hypocrisy often join hands with the lawless element and make a grandstand play for political effect.

Economic conditions in the West are vastly different from those in the East. Nevada is a sparsely populated country, and it is not considered to the best interest of the State to hedge about too closely the road which leads to citizenship. Anything which may have a tendency to obstruct immigration or turn it in another direction, is conceded, in this neck of

NEVADA'S DIVORCE LAW            741

the woods, to be unwise statesmanship. The State has a vital interest in securing and holding as large a population as is consistent with her rapidly increasing resources; always keeping steadily in view the fact that none but desirable citizens are wanted. If, however, the other kind come, as they sometimes do, Nevada is ready to cope with the situation, as many of that class can testify from personal experience.

Nevada is a veteran of the Civil War, having been organized as a territory in 1861, and admitted as a State of this glorious Union in 1864. No soldier on the field of battle ever made a more gallant defense of his country than did this "Battle Born" State during the trying times of the war. What she lacked in men was made up in money. Nevada was baptised in the blood of the nation and paid for her baptismal rite in a flood of gold and silver. With this flood of gold and silver, she saved the commercial honor of the country. This gold and silver paid the armies of the Civil War, averted national bankruptcy, and enabled the Government to resume specie payment in 1873.

Those were dark days in the financial and political history of the United States, and Nevada, maligned and despised as she is to-day in some quarters, was the savior of her country in that most critical period of her history. The State that furnished the sinews of war should have some standing in the hearts and minds of the American people, even if Republics are ungrateful.

From the best information at hand, it would appear that the mines of Nevada have yielded the enormous sum of two billion dollars during the past fifty years. Of this amount it is conceded that the Comstock alone produced fully one-half. The figures are given in round numbers, but are considered by mining men who are posted in such matters to be conservative. Thousands of discoveries, many of them marvelously rich, are still being made all over the state, in hitherto unknown and undeveloped territory. Besides gold, silver and copper, immense deposits of salt, borax, lime, platinum, sulphur, soda, potash-salts, cinnabar, arsenical ores, zinc, coal, antimony, cobalt, nickel, nitre, isinglass, manganese, alum, kaolin, iron, gypsum, mica and graphite exist in large quantities.

Proudly conscious of her strength and probity of character, great big-hearted Nevada looks down from her lofty pedestal and freely pardons all who may have misjudged her. This is Nevada's record. Match it, if you can.