[300] _Code of W. Va._ (1900), 662; _Acts_ (1882), chap. 60.
[301] Act of Oct. 20, 1891: _Acts_ (1890-91), 235.
[302] _Ky. Stat._ (1894), 769, 770; _Digest of Ark._ (1894), 681. _Cf._ WRIGHT, _Report_, 80.
[303] _Code of Ala._ (1887), 525; _ibid._ (1897), 493.
[304] Act of June 15, 1822: _Code of Miss._ (1848), 495.
[306] Act of Dec. 1, 1863: _Laws_ (1862-63), 125, 126.
The time of residence for the petitioner is three years in the District of Columbia; and two years in Florida.[308] It is also two years in Tennessee, although the acts complained of were committed out of the state, or the petitioner lived out of the state at the time, and no matter where the defendant resides. A decree of divorce in a foreign state granted to a citizen of Tennessee who has merely temporarily transferred his residence there is void and will not be recognized.[309] In Maryland, since 1842, a divorce will not be granted when the cause occurs outside of the state, unless either the plaintiff or the defendant has resided in the state for the two preceding years.[310] By the North Carolina act of 1814 a stringent rule was adopted, only a citizen resident in the state for three years being allowed to sue.[311] At present the plaintiff must show that the facts constituting the ground for divorce have existed for at least six months prior to filing the complaint, and that he has been a resident of the state for the preceding two years; and if the wife be plaintiff, she may set forth "that the husband is removing or about to remove his property and effects from the state, whereby she may be disappointed in her alimony."[312] But in case of desertion the term of previous residence is five years. The period of previous residence for the plaintiff is six months in the state and county in Texas;[313] one year within the territory in New Mexico, Arizona, and Oklahoma;[314] while in Missouri it is one year, unless the offense or injury complained of was committed within the state, or when one or both of the persons resided there. In all cases when the proceedings are _ex parte_, the court "shall, before granting the divorce, require proof of the good conduct of the petitioner and be satisfied that he or she is an innocent or injured" person.[315] In Arkansas and Indian Territory the plaintiff must "allege and prove" (1) "residence in the state for one year next before the commencement of the action:" (2) that the cause of divorce occurred or existed in the state, or, if out of the state, either that it was a legal cause there or that the applicant's residence was then in the state; (3) that the cause of divorce occurred or existed within five years before the suit began.[316] One year's residence is likewise required in Porto Rico, unless the act complained of was committed in the island or while one of the consorts resided there.[317]