[423] For construction of the omnibus clause, see Ritter _v._ Ritter, 5 BLACKF., 81.
[424] Act of March 10: _Laws of Ind._ (1873), 107-12; also HORNER, _Rev. Stat._ (1896), I, secs. 1024-49; II, sec. 5132; BURNS, _Ann. Stat._ (1901), I, 443, 444; III, 559.
In 1818, closely following Indiana, Illinois was carved from the bountiful region northwest of the Ohio River. After a year's delay, a divorce law was enacted in 1819; and this, as amended in 1825, authorizes both kinds of separation. Full dissolution of wedlock may be granted for (1) physical incapacity at the time of solemnization; (2) adultery; (3) two years' voluntary and continued absence. Partial divorce is likewise sanctioned for (1) extreme and repeated cruelty in either spouse: or (2) constant and habitual intemperance in either for two years. "But in the latter case it shall be incumbent on the complaining party to show that he or she had performed all the duties of a faithful and affectionate husband or wife."[426]
[426] Act of Jan. 17, 1825, to amend an act of Feb. 22, 1819: _Laws of Ill._ (1825), 169.
The act of 1827 is silent as to limited divorce, which has not since been recognized in Illinois. Full divorce may now be granted by the circuit courts, sitting as courts of equity, when either person (1) was at the time of the marriage and still is naturally impotent; (2) had a husband or wife living at the time of the marriage; (3) has since been guilty of adultery; or (4) wilful desertion for two years; or (5) extreme and repeated cruelty; or (6) habitual drunkenness for two years.[427] A step backward was taken in 1832 through the adoption of a kind of omnibus clause. By proceedings in chancery full dissolution of marriage is authorized (7) for all causes of divorce not provided for by any law of the state.[428] Next, after an interval of thirteen years, on the petition of the aggrieved, comes (8) conviction for felony or other infamous crime.[429] This is followed after the lapse of thirty years more by the sanction (9) of absolute divorce when either person "has attempted the life of the other by poison or other means showing malice."[430]
[428] Act of Dec. 4, 1832: _Rev. Laws_ (1833), 234, 235. In the statutes this is not enumerated as a cause; but it surely is one in effect.