Valleau v. Valleau

Citations

• 6 Paige Ch. 207
• 1836 N.Y. LEXIS 233
• 1836 N.Y. Misc. LEXIS 60

Syllabus

<p>Where the husband; a few months after his marriage, abandoned his wife and left the state, and the wife after the expiration of seven years married a second husband, Who died four or five years before the first husband filed his bill for a divorce, founded upon such second marriage, the bill was dismissed.</p> <p>If the wife, after the husband has abandoned her and been' absent more than five years, marries a second husband, the first husband cannot obtain a divorce, on the ground of her adultery with the second htisbalnd subsequent to such marriage, unless he can establish the fact that at the time of the second marriage the wife knew that her first husband was living within' five years then next preceding.</p> <p>Where the husband has been absent more than five years, and his wife has contracted a second marriage in good faith; her husband not being known to her to be living within the five years, a cohabitation with the second husband after the mistake is discovered will not entitle the first husband to a divorce on the ground of adultery.</p> <p>The last marriage being voidable merely, but not void; the remedy of the first husband is by a bill to annul the voidable marriage; and then, if his wife continues to cohabit with the second husband aftér such marriagehas been judicially annulled, the first husband may file a bill for a divorce on the ground of such adulterous intercourse.</p> <p>Where a second marriage has been contracted in good faith; so as to render the children of such second marriage legitimate under the provisions of the revised statutes, it is improper and illegal for one of the parties to the second marriage to cohabit with the former husband or wife before the last marriage is judicially annulled, or is dissolved by the death of the second husband or wife.</p> <p>if a complainant knows that his wife has married a second time, and that she is living and cohabiting with her second husband, or if he knows his wife is living in open and notoriou