Subject of Divorce

[Miss Poohs]

Reading another thread about divorce and coming across a situation of the infamous Hyslops, I wonder just how common divorce was back in the 1890 - 1900s?

In the situation I've come across it looks likes the woman (Sarah Hyslop MS Bonner) has just drawn a line under her first marriage and moved on with someone else, and had two further kids.

On the birth cert of one of her daughters (1896) it says "Sarah Bonner wife of Thomas Hyslop (coal miner) who she declares is not the father of this child and further that she has had no personel communication with him since they ceased to reside together in Sept 1892"

The fathers name is stated as Thomas McLean, no marriage date.

Springing forward to 1913 on Sarahs death cert it states her as the widow of Thomas Hyslop - no mention of Mr McLean, and I can't find Thomas Hyslop death cert!! Hmmmmm *thinks*

[SarahND]

Hi Miss Poohs!
I can't speak for the Scottish situation (except to say that my ggg grandfather legally separated from his first wife in Aberdeen, but did not divorce, some time around 1812) but in the U.S. I have found divorce in the 19th century much more common than I would have thought.

I have done some transcription of old newspapers from Indiana, and even as far back as the 1820s they were full of divorce proceedings. There was a legal requirement that the notice had to be published for a certain number of weeks running, to make sure that the defendant spouse had a chance to respond. (The most common thing seemed to be, however, that one spouse would sue for divorce, while the other left the state. Since he or she was out of state, the divorce would usually be granted to the remaining spouse. Often the "deserting" spouse would come right back to town after the divorce was granted... ) Some states, as now, were known for allowing only a minimal residency requirement before a divorce could be granted, so folk would come from all over, establish residency in that state and county, get their divorce, and go on their merry way. I was initially astounded to find out that my gg grandparents had divorced in 1857, then their daughter, my great grandmother divorced twice, once in 1866 and once in 1895 -- until I started transcribing newspapers and saw how common it was.
In the case of my great grandmother mentioned above, I finally found her after much searching in the 1900 census living with yet a third man, and claiming they had been married for 20 years I still don't know if she actually married that one-- perhaps she had learned her lesson by then.

Maybe your Sarah Bonner Hyslop McLean was just following the trend of the times

All the best,
Sarah

[DavidWW]

Again a difference in systems of law at work here.

Whereas, back then, an expensive private Act of Parliament was required in England, if the church authorities couldn't be persuaded that there was good reason for annulment, in Scotland an action in the Court of Session was all that was required, and there are many examples of solicitors and advocates supplying their services on a pro bono basis.

David

[Miss Poohs]

Thanks for the info.

Judging by what I've read on Sarahs certificates it doesn't look like, in her case, it was made offical.

What do you think?