The Washington Historical Quarterly, Volume V, 1914

by Various

In spite of this protest that same session enacted sixteen such private bills, and at the following session the governor renewed his objections. In January, 1866, the legislature enacted a law declaring marriage to be a civil contract which would throw the consideration of divorce into the courts. In 1871 another divorce bill was passed but this was the last and subsequent efforts to revive the practice failed.

The attempted constitution of 1878, which was drawn up at Walla Walla, declared against such legislative divorces, as did the approved constitution of 1889.

The causes of this dissatisfaction in the method of granting divorces are apparent. The people realized that marriage is the institution at the basis of our social existence. An undoubted reaction against the laxity of the divorce laws was springing up, not only in Washington, but throughout the United States. This action ultimately resulted in two reforms. It diminished the grounds on which a divorce may be granted and it extended the period necessary to establish a legal residence. Today there is no state in which an action for divorce may be brought without a preliminary residence of at least six months. The drift of legislation in the last twenty years has been almost wholly in the direction of greater restriction. In spite of this the national ratio of divorce is 1:12.

Although most states have but a single provision in their constitution regarding divorce, Washington has two. They are: Article II, Section 24. The legislature shall never authorize any lottery or grant any divorce. Article IV, Section 6. The superior court shall have jurisdiction of all matters of divorce and for the annulment of marriage. These provisions have removed, beyond all doubt, the granting of legislative divorces.

A brief survey of the laws at the present time reveal the following information:

Jurisdiction.

Jurisdiction shall lie in the district court in the county where the petitioner resides.

The act of February 21, 1891 provides that divorces shall be granted by the superior court.

Residence.

The petitioner must have been a resident of the state for one year next before the filing of the petitions. This is an amendment of the act of January, 1864, which required only three months.