AN ACT IN RELATION TO BILLS OF DIVORCE

Sec. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That the Court of Probate in the county where the plaintiff resides, shall have jurisdiction in all cases of divorce and alimony, and of guardianship, and distribution of property connected therewith.

Sec. 2. The petition for a bill of divorce must be made in writing, upon oath or affirmation, and must state clearly and specifically the causes on account of which the plaintiff seeks relief. If the court is satisfied that the person so applying is a resident of the Territory or wishes to become one; and that the application is made in sincerity and of her own free will and choice, and for the purpose set forth in the petition; then the Court may decree a divorce from the bonds of matrimony against the husband; for any of the follow causes, to wit:

Impotence of the defendant at the time of marriage; adultry committed by defendant subsequent to marriage; wilful desertion of his wife by the defendant, or absenting himself without a reasonable cause for more than one year; habitual drunkenness of defendant subsequent to marriage; conviction of defendant for felony subsequent to marriage; inhuman treatment so as to endanger the life of the defendant's wife; when it shall be made to appear to the satisfaction and conviction of the Court, that the parties cannot live in peace and union together, and that their welfare requires a separation.

Sec. 3. The husband may in all cases obtain a divorce from his wife for the like causes, and in the same manner as the wife obtains a divorce from her husband.

Sec. 4. Nothing herein contained shall be so construed as to prevent Courts of Probate from deferring their decree of a divorce, when the same is applied for, to any specified time, not exceding one year, when it appears to him that a compromise might at a future time be made between the parties. During the time of such deferrence on the part of the Court, the bonds and engagements of matrimony may not be violated by the parties.

Sec. 5. The defendant, unless in a case of absence heretofore provided for on his or her part, shall have the right to appear, and shall receive a proper and timely warning thereto; should the defendant fail to appear, the Court may, if satisfied that the complainant is the injured party, and his or her claims are just and well grounded, decree a dissolution of the marriage contract between the complainant and defendant.

Sec. 6. When a divorce is decreed, the Court shall make such order in relation to the children and property of the parties, and the maintenance of the wife, and such portion of the children as may be awarded to her, as may be just and equitable: Provided, That if the children shall have attained the age of ten years, and possess sound mind, they shall have the privilege to select of their own free will and choice, to which their parents they will attach themselves: Provided further, That the parties may, with the approval of the Court, themselves agree upon the distribution of the property and disposal of the children: Provided further, That when it shall appear to the Court at a future time, that it would be for the interest of the parties concerned, that a change should be effected in regard to the former disposal of children or distribution of property, the Court shall have power to make such change as will be conducive to the best interests of all parties concerned.

Sec. 7. When a divorce is decreed, the defendant or guilty party forfeits all rights acquired by marriage.

Sec. 8. It shall be the duty of the Courts of Probate in their respective counties, to punish by fine or imprisonment, or both, at their discretion, any person or persons who shall stir up unwarrantable litigation between husband and wife, or seek to bring about a separation between them.

Approved March 6th, 1852.