4. Assault and cruel treatment endangering the life of the complainant.
5. Absence for seven years, especially if no information has been received of the absentee during that period.
If the facts as shown leave little or no doubt as to the death of the absent party, a divorce can be granted after three years’ absence.
6. Imprisonment for life, after the innocent party has waited seven years.
In addition to these grounds a divorce by royal decree can be obtained when one of the parties has become incurably insane or has been sentenced to prison for at least three years; or when the parties, by mutual agreement, have lived entirely apart for fully six years, and the facts show that domestic peace and the well-being of the parties are not promoted by their continuing as husband and wife.
Limitations.—If the act complained of was committed by the consent or procurement of the complainant, or if the latter has voluntarily cohabited with the offender after discovery of his or her guilt, or if the complainant has been guilty of a similar offence, divorce will be refused.
Effects of Divorcement.—Each of the parties receives one-half of the common property, but agreements are permitted by which the man retains all such property on condition of paying the woman an annual allowance.
The duty of mutual assistance ceases, although if justice demands the man may be ordered to pay alimony to the woman. The Norwegian law contains no hard-and-fast rule as to the custody of the children of divorced parents. When no agreement exists between the parties the innocent party is generally given custody of all the children.
A woman who obtains a decree of divorce against her husband is allowed to retain the name and rank of her ex-husband.
Separation.—A separation from bed and board may be granted either on the mutual consent of both parties, or by royal decree on the petition of one of the parties if reasonable grounds exist.