Zumwalt v. Zumwalt

Citations

• 23 Haw. 376
• 1916 Haw. LEXIS 61

Syllabus

<p>Divorce — residence—domicil.</p> <p>In statutes relating to divorce the term “residence” is used in the sense of and as the equivalent of “domicil.”</p> <p>Same — separate domicil of wife.</p> <p>The domicil of a married woman is that of her husband, and she may not acquire a separate domicil hy living apart from her husband where it is not shown that he had given her cause for divorce prior to the separation.</p> <p>Same — statutory requirement as to residence — jurisdiction.</p> <p>The provisions of section 55 of the Organic Act and section 2927 of the Revised Laws, 1915, that the applicant for a divorce shall have resided in this Territory for two years next preceding the application, are mandatory and jurisdictional, and a circuit judge is without authority to grant a divorce in the absence of proof of domicil for the necessary length of time.</p>