There is a lot of work involved with putting together a family tree. Genealogists spend countless hours trying to track down vital records like marriage certificates, and divorce decrees. Those sources are excellent ways to verify dates and relationships. Divorce records can be difficult to locate, especially when they do not actually exist.
Today, when a couple decides to get a divorce, there is a specific procedure to follow. Certain papers need to be filled out, and everything must be filed with a court. It doesn’t happen instantaneously, but it does happen in a time frame that most people can deal with. This was not always the case, however.
In colonial America, divorce was somewhat more complicated than it is today. There was no such thing as no-fault divorce. In order to get a divorce a person had to prove that his or her spouse had done something wrong. Legitimate reasons for seeking a divorce included: adultery, “regular inebriation”, cruel or abusive treatment, and/or impotence. Another reason a divorce could be granted was if one spouse deserted the other.
Many people chose to desert their spouse instead of going through the legal system. It was quicker, and in some ways, it was easier. Simply leave your spouse, and move on. If this happened with one of your ancestors, then you won’t be able to find a divorce record. It doesn’t exist!
Once people moved on, they often decided to make a new life for themselves. Sometimes, this new life included a brand new spouse. Technically, since the person never actually got divorced, the person would be committing bigamy as soon as he or she married the new spouse. Getting remarried was less expensive than getting divorced, because divorce would involve what could be a lengthy court case, and the need to hire a lawyer. In the past, bigamy was considered to be “the poor man’s divorce”.
If one of your ancestors deserted his or her spouse, and then got remarried, there may not be an actual marriage certificate. Or, there could be one marriage record with the new spouse, and one with the previous spouse that the person never technically got officially divorced from. This is something to consider as you search for vital records.
Image by Heaven Ice Day on Flickr