THE INCREASE OF DIVORCE 209 



can effectually limit the number of divorces. It has been pointed out 

 that from 1867 to 1886, 328,716 divorces were granted in the United 

 States, while during the same period only 135 were granted in Canada. 

 England also has a very low divorce rate. In both of these countries 

 divorces cost several hundred dollars each. This is the principal reason 

 why they are so few. As far as experience goes, this is about the only 

 way in which legislation will greatly lessen the number of divorces. 

 Few would advocate the restriction of divorce by increasing the expense 

 of such Utigation, 



As to the restriction of the remarriage of divorced persons by law it 

 may be said that this is considered an unwise measure by those students 

 who have given most attention to the problem. At the tenth national 

 conference of the state boards of commissioners for promoting uniformity 

 of legislation in the United States, it was decided not to recommend the 

 enactment of such legislation to the states. The committee entrusted 

 with the preparation of reform divorce laws recorded its opposition to 

 legislation restricting the remarriage of divorced persons in the following 

 words : 



The evident intent of these statutes is to prevent the guilty party from entering 

 into another marriage. He having been unfaithful to the obligations of the first 

 marriage, it is presumed that he is unfit to enter into a second marriage unless he 

 reforms. But such prohibition is in fact a restraint of marriage. It leaves at large 

 a person who by false representations may induce an unsuspecting woman to enter 

 into a void marriage; or if this does not occur, the unfortunate defendant who 

 cannot marry is tempted to continue adulteries without incentive to reformation. A 

 prohibition which restrains marriage, encourages adultery, leaves the party in a 

 position to contract void marriages and takes away a natural incentive to reformation, 

 should be held contrary to public policy. These considerations are sufiicient to 

 justify the repeal of such statutes.' 



Divorces are probably not sought for the purpose of remarriage in 

 any such degree as is popularly supposed. Statistics seem to show that 

 divorced persons are scarcely more apt to remarry than are the widowed. 

 There are no statistics of the remarriage of such persons in the United 

 States but in Switzerland the data have been collected. 



' Nelson, "Divorce and Separation," p. 566. Report of Tenth National Conference of Slate Boards of 

 Commissioners for Promoting Uniformity of Legislation in the United States, August, igoo, p. 46. 



