Show District Judges Give Views Vie I IOn On Chief Cause of Divorce Favor Publication of Banns take place because couples Insist divorces in Weber county MOST upon being married when too loo young joung moment with Infatuation the spur of or the The troy boy and girl marry upon ion tion instead of true love ove as their guide They little or no experience in the Iho affairs of or life and when faced with the which follow marriage they thy fall fail j This Is the tho composite view of Judge James N N. Kimball and Judge George S S. S Darker Barker of tho Second District court who bear hear all divorces In Weber county and their judicial district secured s during the past week neither The views of ot tho Jurists were knowing what the tho other might say in regard to divorce For several before them seek seek- seeking years the two Judges have seen hundreds of couples eore ins ing relief from their matrimonial ties liess They have ha heard heird the tho details in ery every case From the knowledge obtained from this insight they have hare formed formell opinions as ns to tho the principal reasons for divorce and as ns to possible rem rem- remedies edles edies for the divorce evil Both Doth agree without any an consultation that more stringent mar mar- marriage la laws s ore are necessary and that too carl early earh marriages should be dis- dis discouraged A law requiring application In advance for marriee licenses licensee nd publication of such application would do much toward heading off of marriages of ot minors which soon are arc wrecked in the divorce court they declare court The views of ot the two t o judges are as follows iI JUDGE JAMES lES N N. KIMBALL Yon said in an in interview in- in interview interview JUDGE In the majority of cases where here mar mar- marriage marriage marriage is consummated between couples of immature mature years ears with Infatuation as the guiding motive moU and wedlock entered without the proper consideration con con- consideration of the responsibility they end in the divorce courts The boy and girl are arc married with with- without without out ut giving consideration to the under under- understanding understanding understanding standing of the seriousness and sol sol- solemnity solemnity solemnity of ot the contract they are mak mak- making ing Soon after ater marriage they discover er their mistake and want ant a a. separation In these cases it is 15 usually alleged by bythe bythe bythe the wife that the husband has failed to provide pro the proper necessities of life Ilfe I. I few wives wl allege cruelty soon after the marriage but these cases are in the minority because cruelty Is 15 more difficult to prove pro EASILY SILI E TRACED TRACED- The Tho majority of ot cases that enter I my court coUt can be traced back to mar mar- marriages marI marriages I of boys bo and girls many of them juveniles Ju Infatuation guides them to the county clerk and makes them perjure themselves cs as to their ages in order to secure a license The path then leads on to the divorce orce court Years ago we seldom heard of a couple who had not reached 21 years jears ears being married m There were fewer dl- dl I di-I divorces then This is also Iso true today In the country districts It is 15 mostly In the titles cities where the thc early mar mar- marriages marriages occur More consideration of the responsibilities of marriage and less his haste baste bas by young joung people In rushing to the altar would do much to relieve c the congestion of the divorce courts While support non-support forms torms the grounds for most of the divorces for young joung people cruelty and desertion usually are the charges brought by those older support Non-support in the younger cases comes from the failure of the young husband properly to re regard re- re regard regard gard the responsibilities until after the wedding and he is 15 directly faced The requirement that application for licenses licences be made several se days be before be- be before before fore the license is granted would in my opinion be beneficial It would prevent pre in a a. large degree the marriage mar mar- marriage marriage of boys and girls who are un un- under under under der age and who are ore taking the step without the consent of their parents I It would also give gl the opportunity for forny any ny other persons to object should there be any cause why the mar mar- marriage marriage marriage should be prevented Divorces in my court average about two each cach week This is more than each year Approximately e five or six of these cases are arc contested The others oth rs go by default when either cither the husband or wife falls to appear The divorces are really agreed upon between the tho husband and wife Stipulations Stipulations as to alimony or property settlements often Indicate this The Theone Theone Theone one against whom the divorce is brought does docs not appear and ond only the testimony of the plaintiff is taken The court has no discretion upon the testimony but to grant the divorce SUGGESTS LAW LAWOne LAWOna LAWOne One Ona remedy for far t r this would be bo for lor forthe forthe the state legislature to pass a a. law de de- demanding demanding manding the appearance of the coun coun- county county county ty attorney in court in every ery default matter at least to examine the witnesses nesses If not to try the case He lie could then determine whether there was real reason renson for divorce In some states the appearance of the prose prose- prosecutor prosecutor prosecutor to represent the stale when a default is 15 made is 15 demanded r JUDGE GEORGE S S. S BARKERS BARKER'S S views are as follows fol fol- JUDGE lows In my opinion lack of proper econ econ- economy economy economy omy extravagant extra living and resulting financial difficulties together with in infidelity In- In infidelity I fidelity regardless of whatever ground may be assigned by the spouse bringing bring bring- bringIng bringing ing the action constitute the real causes of most of our matrimonial difficulties which too often orten land hus hus- husband husband band and wife in the divorce courts In many Instances young joung people of very ery immature years and with little or no experience in the affairs of life enter into Inlo the marriage relation They The are financially unprepared for the venture Prior to her marriage the been em em- employed employed employed young wife Ii Ife has perhaps at a a. good salary She has probably earned as much or more than the man who ho is now her husband Is capable of earning In many In Instances In- In Instances instances stances they are arc unable or at least unwilling to adjust themselves to the new situation and live I beyond their means Financial difficulties ensue which bring on other matrimonial troubles In far too many Instances loose living leading to infidelity and K II total disregard of the covenants made with each tach other on the occasion of their marriage lead to the desertion of one by the other It has been my observation tion that this fault is not confined to husbands alone but in many in instances in- in instances instances stances husbands have come into court and related a story of infatuation alien for some other man on the part of his wife and the desertion by her of his home OTHER SIDE RK DARK Our Judges are often unjustly crit exit criticized critIcized for the number of divorces granted Our statute provides pro that the complaint shall be in writing and verified by the oath of If the plaintiff and no decree in divorce shall be granted upon default or otherwise except upon legal testimony taken in inthe Inthe inthe the case Notwithstanding this fact it is safe sate to say Eay that 90 per cent of all the divorces granted come after the default of the defendant has been entered and upon an are ex parte parts hear hear- hearing ing Under such circumstances the court hears only the testimony ad adduced ad- ad adduced adduced in behalf of ot the plaintiff and gets to learn little or nothing of the theother theother theother other side aide of the story While the Judge may feel morally certain that the true cause of the difficulty be between be- be between between tween the litigants has not been di divulged divulged di- di divulged that they have h failed to lay their cards upon the table and call callan callan callan an an ace an ace and a spade a spade and he may have cause to suspect that collusion exists between the parties nevertheless in the great greet majority of cases he is 15 powerless to deny the relief prayed where a prima facie case has lIas been made out by the plaintiff Our courts have ha repeatedly held that where the com com- complaint complaint complaint plaint states a cause of action and the allegations of the complaint are supported by competent evidence e ad ad- adduced adduced adduced the trial court may not arbi- arbi arbitrarily refuse to grant a divorce Possible remedies for the divorce evil in my opinion are More stringent marriage laws Re Re- quire application In advance for the marriage license and publication of such application Too early marriages be discouraged That marriage b be deferred at least until the tho contracting parties have ha arrived at the age of o legal consent Stricter economy and ond a a. living with with- within withIn within in their income particularly on the part of young oung people just entering upon the matrimonial field Strict fidelity on the part of hus hus- husband husband husband band and wife Ife one to the other with Ith witha Itha a a. single standard of ot morals on on the part of each |