Dodds v. Pope

Defendant appeals from a judgment granting plaintiff a divorce under Act 269 of 1916. Defendant attacks section 1 of said act as unconstitutionál, upon the ground that it is extraterritorial in its effect. The section in question reads:

“That when married persons have been living separate and apart for a period of seven years or more, either party to the marriage contract may sue, in the courts of the State of his or her residence, provided such residence shall have been continuous for the period of seven years, for an absolute divorce, which shall be granted on proof of the continuous living…