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Mary Penner: Divorce records may hold family clues

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Remember the poignant twang of Tammy Wynette's country song: "Our D-I-V-O-R-C-E becomes final today - and it will be pure H-E double L for me."

A divorce certainly can be H-E double L; but for genealogists an ancestral divorce spells P-A-Y-D-I-R-T.

Considering the general alarm raised by social and moral commentators on the current divorce rate, you might think that divorce is a byproduct of lackadaisical and immoral modern times. Not so. The institution of divorce is as old as the institution of marriage, and that's pretty old.

True, divorces were harder to obtain in the old days, yet some of our ancestors waded through the red-tape in order to wash that man (or woman) out of their matrimonial hair.

In genealogical research there's no shortage of marriages. Many of our ancestors married two or three times.

But don't assume that your marrying ancestor was a grieving widow or widower. Unless you have proof that the first spouse is solidly in the ground, consider the possibility that the wedlock was, in fact, wrenched asunder.

In the past, it was maddeningly easy for disgruntled spouses to just pack up their meager belongings, hitch on with a wagon train heading west, and take on a new identity. But, even in those cases, the spouse left behind still could file for divorce on the grounds of abandonment.

AWOL spouses in your family tree merit a search for divorce records.

Each state has its own divorce laws and its own court system, so do some research on the various courts. Divorce records could be in district court, probate court, or chancery court records. In some states, divorces were actually granted by the state legislatures.

Start by looking at civil court dockets. These will list the cases to be heard by the court in a particular court session. Dockets usually just name the parties involved and the type of case.

Look next at court journals. If the case went before a grand jury, you might find a summary of the divorce case in the journal. Then, if the case was heard before the court, you'll find the specific details of the case.

The court journal will usually mention the date and place of marriage, the current residences of the unhappy couple, the property to be divided, and the minor children. The wife's maiden name is also often included.

After reading the court journal, look for a case file. Here, you might find transcripts of the case, including testimony from witnesses. You might find a copy of a marriage license; copies of legal notices placed in the local paper; and copies of the formal complaint.

Be sure to note the names of the attorneys involved. Some attorneys' papers are in manuscript collections in libraries. The attorneys' papers might yield copies of all the correspondence related to the case, another vital find.

When delving into divorce records, be prepared for some sordid details. Infidelity was the most popular reason for divorce, and the picture wasn't pretty.