There is always some means of dissolution. The
conditions of dissolution may vary widely, from those on which
Henry VIII. procured his divorce from Katharine of Arragon to the
pleas on which American wives obtain divorces (for instance,
"mental anguish" caused by the husband's neglect to cut his
toenails); but there is always some point at which the theory
of the inviolable better-for-worse marriage breaks down in
practice. South Carolina has indeed passed what is called a freak
law declaring that a marriage shall not be dissolved under any
circumstances; but such an absurdity will probably be repealed or
amended by sheer force of circumstances before these words are in
print. The only question to be considered is, What shall the
conditions of the dissolution be?
SURVIVALS OF SEX SLAVERY
If we adopt the common romantic assumption that the object of
marriage is bliss, then the very strongest reason for dissolving a
marriage is that it shall be disagreeable to one or other or both
of the parties. If we accept the view that the object of marriage
is to provide for the production and rearing of children, then
childlessness should be a conclusive reason for dissolution. As
neither of these causes entitles married persons to divorce it is
at once clear that our marriage law is not founded on either
assumption.
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