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Topic: Divorce, how to find out more? (Read 350 times)
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littlemak
RootsChat Extra
Posts: 54
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Hello I have just received a marriage certificate from 1954 where the brides condition is noted as "previous marriage dissolved" I was surprised to see this as I thought divorce was unusual back then.
Is there anyway I can find out more about this divorce? Whose fault it was ect and when it took place?
I am sure I have seen a resource on a web site somewhere to help with this but I can not remember which site.
Many thanks
Carol
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Essex,U.K -Burton, Horsnell, Tracey, Makaruk, Pennock
Suffolk, U.K -Crane, King, Argent, Bailey, Hickford, Webb
Poland- Makaruk
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charlotteCH
RootsChat Marquessate
Posts: 3258
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Carol,
Are we talking about an English marriage cert saying this?
I wonder if the word "dissolved" has any special meaning.  .
charlotte
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HARGREAVES, HANSON, BAILEY, BURTON, HEWITT, JAGGER, LOCKWOOD, UTTLEY, RUDD, TAYLOR, HOLDEN, SHAW Halifax / Sowerby/ Southowram 18C+
GILL, Accrington, Blackburn, West Derby, Lancs, migrated USA 1891 to RI: GILL in SC: HOTCHKISS in RI: PELOQUIN in RI
HUMPHRIES, HILLIER, ALLEN, LYDBURY Nunney/Frome 18-19C
HUMPHRIES, JOYCE, HEWITT, ROBINSON, McMULLEN, SUFFEL, CARNEY, MARRON, COMPTON, FREEMAN Ont. Canada 1830+
PILSEN, Sask.
82nd Regt of Foot 1808-1825
1st WRY Militia 1780-1800
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littlemak
RootsChat Extra
Posts: 54
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Thankyou for your replies,yes it was an English marriage certificate, from Suffolk actually.
But can anyone tell me where to find out more about a divorce?
Thankyou
Carol
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Essex,U.K -Burton, Horsnell, Tracey, Makaruk, Pennock
Suffolk, U.K -Crane, King, Argent, Bailey, Hickford, Webb
Poland- Makaruk
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charlotteCH
RootsChat Marquessate
Posts: 3258
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Dissolved just means the legal termination (dissolution) of a marriage by a decree of divorce, nullity or presumption of death.
Stan
Hi Carol, I'm sorry I can't tell you where divorce records are kept.
In the light of what Stan has said- and he's enormously knowledgeable about these things giving tip top information upon which one can rely as accurate- I wonder if you'd not be wise to include a presumption of death search.
Maybe the man just cleared off, maybe he was lost at sea? Various scenarios are possible.
If Stan reads this again maybe he can tell us how long a spouse would have to wait untila 'presumption of death" was in place? In Aus it has been 7 yrs in 20th C.
Always more puzzles 
charlotte
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HARGREAVES, HANSON, BAILEY, BURTON, HEWITT, JAGGER, LOCKWOOD, UTTLEY, RUDD, TAYLOR, HOLDEN, SHAW Halifax / Sowerby/ Southowram 18C+
GILL, Accrington, Blackburn, West Derby, Lancs, migrated USA 1891 to RI: GILL in SC: HOTCHKISS in RI: PELOQUIN in RI
HUMPHRIES, HILLIER, ALLEN, LYDBURY Nunney/Frome 18-19C
HUMPHRIES, JOYCE, HEWITT, ROBINSON, McMULLEN, SUFFEL, CARNEY, MARRON, COMPTON, FREEMAN Ont. Canada 1830+
PILSEN, Sask.
82nd Regt of Foot 1808-1825
1st WRY Militia 1780-1800
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cando
RootsChat Marquessate
Posts: 6221
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http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=53&j=1
Scroll down the page to
Surviving case case files can be seen at The National Archives, in J 77 (which is searchable online by name).
* 1858-1927: almost all survive
* 1928-1937: 80% survive (files from the district registries have been destroyed)
* search J 77 in the Catalogue, for these using forename AND surname e.g. Kathleen AND Smith as just searching for Kathleen Smith will not pick up Kathleen Winifred Smith
* maiden names are not given except in petitions for nullity
* although some co-respondents have been named in the Catalogue, we know that many others were not given in the indexes (from which the catalgoue entries were created) but are still mentioned in the case files themselves.
* 1938-date: most have been destroyed. A very small annual sample has been kept, subject to 30-year closure
* (search J 77 in the Catalogue, for these using surname only for example, Cassidy.
* A further 2% random sample is in J 132 for cases where the Official Solicitor acted for one of the parties: these are subject to a 75 year or longer closure.
* Divorces were often reported in the local or national press, particularly in the earlier years. If a divorce case appears in The Times, you should find the full report using The Times Digital Archive.
Hope the above is helpful.
Cheers
Cando
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stanmapstone
RootsChat Marquessate
Posts: 6562
My answers only refer to England and Wales
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Dissolved just means the legal termination (dissolution) of a marriage by a decree of divorce, nullity or presumption of death.
Stan
If Stan reads this again maybe he can tell us how long a spouse would have to wait untila 'presumption of death" was in place? In Aus it has been 7 yrs in 20th C. Always more puzzles charlotte
The presumption of death after the unexplained absence of seven years developed after 1800. Prior to that date, in the absence of evidence to the contrary, an absent person was presumed to be living even though he might have been ninety or one hundred years old at the time a question arose. Seven years appears to be a Common Law presumption. There is a Presumption of Death (Scotland) Act 1977, but there does not appear to be any similar act in England.
As far as bigamy is concerned the Bigamy Act of 1603/4 was eventually repealed by the 1828 Offences Against the Person Act, and then by the 1861 Offences Against the Person Act. However the legislation on Bigamy has in many ways not significantly changed since 1604.
Section 22 of the 1828 Act and Section 57 of the 1861 Act states:
".......Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time,"
The courts are empowered to grant a decree of presumption of death and dissolution of marriage enabling the other spouse to remarry, the remarriage is valid even if the first spouse later appears.
Stan
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charlotteCH
RootsChat Marquessate
Posts: 3258
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Thank you Stan 
charlotte
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HARGREAVES, HANSON, BAILEY, BURTON, HEWITT, JAGGER, LOCKWOOD, UTTLEY, RUDD, TAYLOR, HOLDEN, SHAW Halifax / Sowerby/ Southowram 18C+
GILL, Accrington, Blackburn, West Derby, Lancs, migrated USA 1891 to RI: GILL in SC: HOTCHKISS in RI: PELOQUIN in RI
HUMPHRIES, HILLIER, ALLEN, LYDBURY Nunney/Frome 18-19C
HUMPHRIES, JOYCE, HEWITT, ROBINSON, McMULLEN, SUFFEL, CARNEY, MARRON, COMPTON, FREEMAN Ont. Canada 1830+
PILSEN, Sask.
82nd Regt of Foot 1808-1825
1st WRY Militia 1780-1800
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littlemak
RootsChat Extra
Posts: 54
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Thankyou all so much for all the information in your replies, unfortunately it looks like the divorce I am interested in is one of those that were destroyed
But I have learnt so much from you all
Regards
Carol
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Essex,U.K -Burton, Horsnell, Tracey, Makaruk, Pennock
Suffolk, U.K -Crane, King, Argent, Bailey, Hickford, Webb
Poland- Makaruk
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Jellis
RootsChat Extra
Posts: 67
My Girls
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Have you looked at the National Archives catalogue for your bride's divorce from her first husband? I've found two cases in my family. The papers I received were fascinating; copies of birth and marriage certficates offset the cost of the papers which cost me about £17 last year.
Janet
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littlemak
RootsChat Extra
Posts: 54
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Yes I looked at it and came up with a blank, I looked at the cost of sending for the papers and it is 40.00 now.
carol
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Essex,U.K -Burton, Horsnell, Tracey, Makaruk, Pennock
Suffolk, U.K -Crane, King, Argent, Bailey, Hickford, Webb
Poland- Makaruk
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Jellis
RootsChat Extra
Posts: 67
My Girls
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That's disappointing. I think the cost varies, though, depending on how many pages they copy. At least that's how it was. I got an estimate first which took a few days to get to me via email.
Janet
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