Divorce 19th C

[Brian Turnbull]

Can anyone advise on the possibility of divorce in the mid 1800's please. I have been trying to locate my g grandfather who married in 1832 in Yorkshire and had 4 boys between 1833 and 1841. In the 1851 census he and one son are not listed with the rest of the family in Yorkshire. The wife is shown as head and married.

In the 1851 census for Northumberland I find someone with the same name and occupation and living with a son the same name and occupation as the un accounted for son from the 1832 marriage, (the sons place of birth is shown as Yorkshire), but is listed as having a wife with a different name.

Is it possible that he divorced his wife from the 1832 marriage and moved to another county and re married? Or is he living with someone else and claiming she is his wife? It was suggested to me from a member of the forum some time ago that the first wife may have said she was married at the census to avoid embarrasment.

[Peter Goodey]

"Can anyone advise on the possibility of divorce in the mid 1800's please"
Very little chance. Bigamy was the poor man's divorce.

There's a research guide here which you may be interested in:
http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=260

Quote: "Before 1858, true divorce, freeing both partners to marry, was rare and expensive"

[Peter Goodey]

I suspect the likeliest explanation is that the wife was telling the truth and the husband had simply done a runner and was now living with another woman "as man and wife".

Many people will have come across cases where a couple describe themselves as married in a census but clearly were not. I certainly have a few!

[Guy Etchells]

Quite possible he remarried using the 7 year rule, all quite legitimate.
Cheers
Guy

[Brian Turnbull]

Thanks Peter and Guy for your information. I am not sure where to go from here, but at least I know that divorce of the parties in this case was not likely.

[Geoffers]

I'd agree with Peter as to the likely reason for this - however - just to cover the other possibilities:

1) How common is the name in the area?
2) Is the woman who is head of house in Yorks, roughly the same age as the woman who is the man's wife? - Where were they both born? Could it be one woman who was baptised with two forenames? e.g. was she born Anna Maria, her husband preferred to call her Anna and she preferred Maria? (I've had something similar to this with an Elizabeth Ann).
3) Have you traced any of these people in later census returns?
4) Although in different counties, how close were the two households, geographically? Would the man's work have taken him elsewhere?

I have read a couple of articles about an ealier form of 'divorce' before it was widely available. It basically amounted to the husband leading his wife on a halter to a public place and selling her - I don't know how widespread this practice was.

Geoffers

[Ron Leech]

I have read a couple of articles about an ealier form of 'divorce' before it was widely available. It basically amounted to the husband leading his wife on a halter to a public place and selling her - I don't know how widespread this practice was.

Geoffers
That method of divorce is mentioned in the the National Archives articile that Peter referred to, although I don't remember a halter being mentioned!

[Mythology]

Ooh yes - definitely a halter. I remember coming across a reference in an Essex parish register to the baptism of a child of some fellow "and his wife brought home from Colchester in a halter."

Think it was early 1800s in Purleigh, but I wouldn't swear to that.

[Fulhamster]

Hiya!
In Hardys' 'Mayor of Casterbridge' Michael Henchard disposes of his missus in much the same way! Great Book!

[Brian Turnbull]

Geoffers, In answer to your questions. I have located about 10 of the surname in Newcastle upon Tyne.
The ages of the tow "wives" are approx 3 years apart.
Wife 1 gives birthplace as Pontefract Yks. wife"2 gives birthplace as Berwick Nbl.
Cannot find baptism for wife 1, marriage only lists one first name as does 1851,1861,1871, 1881 census.
Wife 1 has been traced through above census plus death in 1884. Listed as married 1851, unmarried 1861,widow 1871, 1881 and death certif. witness son.
She is illiterate and may have misunderstood enumerator in 1861.
"wife" 2 not in 1861 or 1871 census, nor is husband.
The two counties are Yorkshire (West Riding) and Northumberland.
Work could have been the cause for a move although wife 1 lists occupation as potter through all census in the area Hunslet/Knottingley, also 1 son gives same occupation to 1881 census in Knottingley.

[Geoffers]

Ah well, 'twas just a thought in case it was one woman recorded under two different forenames.

Geoffers