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AN ACT concerning Divorce and Alimony.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. In any case in which a marriage has been or may hereafter be contracted and solemnized between any two persons, and it shall be adjudged in the manner hereinafter provided that either party at the time of their marriage was and continued to be impotent naturally, or that he or she had a wife or husband living at the time of such marriage, or that either party has committed adultery subsequent to such marriage, and that such husband and wife have not lived and cohabited together after having a knowledge of such adultery, or that such husband or wife has wilfully absented himself or herself from such husband or wife without any reasonable cause for the space of one year, or that a husband has wilfully deserted and absented himself from his wife, and departed from this Territory without intention of returning, or that either party have been guilty of habitual drunkenness for the space of one year, or -New 398 been guilty of extreme cruelty, or been convicted of felony or other

infamous crime, and such parties have not lived and cohabited together as husband and wife after such conviction, it shall be lawful for the injured party to obtain a divorce and dissolution of such marriage contract; but no such divorce shall in anywise affect the legitimacy of the children of such marriage.

SEC. 2. The district court sitting as a court of chancery shall have jurisdiction in all cases of divorce and alimony by this act allowed, and the like process, practice, and proceedings shall be had as they are usually had in other cases in chancery, except as hereinafter provided.

SEC. 3. No person shall be entitled to a divorce in pursuance of the provisions of this act who has not resided in this Territory one whole year previous to filing his or her bill, unless the offence or injury complained of was committed within this Territory, or whilst one or both of such parties reside in this Territory.

SEC. 4. If it shall appear that the injury or offence complained of was by collusion of the parties for the purpose of obtaining a

divorce, or that both parties had been guilty of adultery, when adultery is the ground of complaint, then no divorce shall be decreed.

SEC. 5. In all cases of divorce, where the defendant shall appear and deny the charges alleged in the complainant's bill, the same shall be tried by a jury; but if the bill is taken as confessed, the court may proceed to a hearing of the cause by the examination of witnesses in open court, or may refer the matter to the master in chancery to take proofs; but any marriage which may have been celebrated in any other State or Territory may be sufficiently proved by the acknowledgments of the parties, their cohabitation as husband and wife, or other circumstantial evidence.

SEC. 6. When a divorce shall be decreed, it shall and may be lawful for the court to make such order touching the alimony and maintenance of the wife, the care and custody of the children, or any of them, as from the circumstances of the parties and nature of the case shall be fit, reasonable and just; and in case the wife be complainant, to order the defendant to give reasonable security for such alimony and maintenance, or may refuse the payment of such alimony and maintenance in any other manner consistent with the rules and practice of the court, and may also grant alimony "a pendente lite," and the court may on application, from time to time make such alterations in the allowances of alimony and maintenance as shall appear reasonable and just.

SEC. 7. Any woman suing for a divorce who shall make it appear to the court that she is poor and unable to pay the expenses of such suit, shall be allowed by the court to prosecute her suit without costs, and in such cases the fees shall be charged to the county in which such applicant resides.

SEC. 8. The same rule of proceeding shall be had as in other cases in chancery, and upon the hearing the court shall have the power to decree a dissolution of the bonds of matrimony if the causes mentioned in this act are proven to exist.

SEC. 9. This act shall take effect, and be in force, from and after its passage.

[Approved February 7, 1865.1

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