A Love Story
Romance
Marriage
Real
Life
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- 1792 marked a year of liberation; divorce
was, for the first time in French history, legalized. This was
not a law that was just limited to men; either the male or the
female could petition for a divorce on the grounds of mutual
consent, incompatibility, and 'matrimonial fault'--"madness,
condemnation to certain degrading forms of punishment, cruelty
or ill-treatment, notoriously dissolute morals, desertion for
at least two years, absence without news for at least five years,
and emigration." (Phillips 1980,
p. 178-179) There were two "courts" that were set
up to hear divorce cases-the tribunal
de famille and the assemblee
de famille.
- Another reason for divorce was violence--when
women found themselves victims in their own homes. Neighbors
would often hear the yelling from the husband and the screaming
cries of the wife as her husband beat her (Phillips
1980, p. 113). The wife could only escape from her husband
and obtain a separation de corps when his abusive habits
threatened her life. If the abuse was limited to her husband
yelling insults or threats at her, she could not obtain the separation
unless she held a high position in society (Phillips
1980, p. 110).
- This divorce law was short-lived because
in 1803 Napoleon Bonaparte came into
power and repealed this law with his own code of laws. According
to this Napoleonic Code, a women could not petition for a divorce
unless it was on the grounds of adultery. Even then she could
only petition for one if her husband's mistress lived in their
house. A man, on the other hand, could divorce his wife on the
grounds of adultery if he suspected she was unfaithful or if
a third party told him about his wife's adulterous behavior.
The wife could be jailed for this act from as little as 3 months
until as much as 2 years (Phillips 1980,
p.1).
- Divorce was abolished altogether in 1816
by King Louis XVIII. He felt that divorce conflicted with the
sacredness of the family, that women and children were most harmed
by divorce actions, very unequal since men show their strength
and women show their weakness during divorce, and men were able
to leave a marriage without thinking too deeply about it. Women
gave their purity, youth, and beauty to the marriage, three things
they could not get back in a divorce settlement; all they could
get back was their money (Phillips 1988,
p. 189).
- In 1884 divorce was relegalized by Alfred
Naquet. Though Naquet tried to get the original divorce law of
1792 relegalized several times he was always turned down. Finally
when he proposed to relegalize the divorce law in terms of the
Napoleonic Code the law was accepted. (Phillips
1998, p. 424)
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