[103] _Gen. Stat. of Conn._ (1887), 612; as modified by the act of May 11, 1899: _Pub. Acts_, 1042. For the earlier laws as to notice see _Acts and Laws_ (1797), 457; _Pub. Stat._ (1821), 178; _Pub. Stat. Laws_ (1835), 162, 163; _Rev. Stat._ (1849), 274, 275; _Stat. of the State_ (1854), 379, 380. _Cf._ _Gen. Stat._ (1902), 1090.
[105] _Vermont Acts and Resolves_ (1884), 86.
Massachusetts likewise has a recent provision as to notice. "When the adverse party does not appear," declares the act of 1898, "and the notice of the pendency of the libel is considered by the court to be defective or insufficient, it may order such further notice as it may consider proper." This statute further provides that "in all libels for divorce where the cause alleged is adultery, the person alleged to be _particeps criminis_ with the libellee may appear and contest the libel."[108] Similar rules have been adopted by other states.[109]
[108] Act of June 2, 1898: _Acts and Resolves_, 443; _cf._ _Rev. Laws_ (1902), II, 1353, 1354.
[109] Rhode Island, in _Pub. Laws_ (1902), 41, has provided that no divorce from the bond of marriage shall be granted "unless the defendant shall, in accordance with the rules adopted by the court, have been personally served with process, if within the state, or with personal notice duly authenticated, if out of the state, or unless the defendant shall have entered an appearance in the cause; or unless it shall appear to the satisfaction of the court that the petitioner does not know the address nor the residence of the defendant and has not been able to ascertain either after reasonable and due inquiry and search for six months," in which case the court may authorize publication. For the former law see _Pub. Stat._ (1882), 428; superseded by _Gen. Laws_ (1896), 635. _Cf._ _Stat. of N. H._ (1891), 497.
Any serious attempt to go into the intricacies of divorce law and procedure would, of course, here be out of place. Every phase of the subject, as illustrated by the decisions and practice of the various state courts, is treated with sufficient fulness and remarkable clearness in Bishop's work on _Marriage, Divorce, and Separation_, but a few details of more general interest may be mentioned. As a rule, the legitimacy of the children, with the right of inheritance, is not affected by a divorce, even when it occurs for the adultery of the mother, but that question is left for separate determination by the courts in the usual way.[110] So also when a supposed second marriage is dissolved, because entered into by mistake while the former wife or husband was living, the children are regarded as the legitimate issue of the parent who at the time of the marriage was capable of contracting, provided the union was made in good faith.[111] When the validity of a marriage or the effect of any former decree of divorce or nullity is doubted, the question may be tried by the court on filing a libel, as in case of divorce.[112] Sometimes the husband and wife are expressly allowed to be witnesses in the suit;[113] or the statute may grant trial by jury at the election of the parties.[114] Usually the court may authorize the wife to resume her maiden name;[115] and occasionally it is empowered to change the name of the minor children.[116]