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Author Topic: looking for a divorce in 1891?  (Read 236 times)
carlT
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francis william
looking for a divorce in 1891?
« on: Saturday 05 March 05 14:28 UTC (UK) »
:)hello,
Those of you who read my earlier thread (looking for a marriage)may be familiar with what I am looking for.My Grandfather was George Challenner b Dec 1883 to parents William and Elizabeth in Southport. Elizabeth's maiden name being Dougherty as she states on George's birth cert.Having spent the last month looking for their marriage on St Cath;s indexes and again on 1837online,no marriage comes up,I also checked with Southport where they lived and liverpool Elizabeth's birthplace nothing!
Imagine my surprise when I found William married Elizabeth Clegg in Stockport (William;s birthplace)in 1875, then in 1981 census she is living with her Father, no sign of William,the next step is how I started the storyin 1883.
So where do I go from here, was divorce around then or am I to look for something else?
                                                    Carl
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Taylor Webber Challinor Houldsworth hole
Little Nell
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Re: looking for a divorce in 1891?
« Reply #1 on: Saturday 05 March 05 14:36 UTC (UK) »
Hi Carl,

Divorce existed but only for the rich and powerful.  It could only be done by an Act of Parliament (up to 1857).  After that husbands could divorce a wife because of adultery, but for the wife to divorce her husband she had to prove adultery and that it was aggravated by his cruelty or certain other offences.  Records at the National Archives in class J77 and the index is J78.

It could just be plain desertion that you are looking at.

Nell
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carlT
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Posts: 199


francis william
Re: looking for a divorce in 1891?
« Reply #2 on: Saturday 05 March 05 17:22 UTC (UK) »
Thanks Nell,
Could he have re-married after that then, seeing that Elizabeth Dougherty was called Challenner throughout her life.can someone do that legally?
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Taylor Webber Challinor Houldsworth hole
Little Nell
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Re: looking for a divorce in 1891?
« Reply #3 on: Saturday 05 March 05 22:05 UTC (UK) »
I don't think so.

My great grandparents don't seem to have been married.  Gt grannie was married with 2 children at the time of the 1901 census.  By June 1902, she had another child allegedly with my gt grandfather.  There seems to be no death of her first husband, no marriage to gt grandpa.  According to a family member, she was still known by her first husband's name when she was able to draw a pension.

Nell
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lizdb
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Re: looking for a divorce in 1891?
« Reply #4 on: Saturday 05 March 05 22:34 UTC (UK) »
Just some thoughts -
When Elizabeth said her maiden name was Dougherty does she mean her 'birth' name or her former name? Could she have been born Doughty, married a Clegg, been widowed, then married a Challenor. What was her fathers name in 1881?  Presumably Doughty,  - but what was father's name on marriage certificate - presumably Clegg. Do we have the same Elizabeth?

A muddle!!
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carlT
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Posts: 199


francis william
Re: looking for a divorce in 1891?
« Reply #5 on: Sunday 06 March 05 19:30 UTC (UK) »
thank you Nell and Liz, Smiley
regarding the two Elizabeth;s Elizabeth Dougherty was born in1862 in Liverpool to Charles and Ellen Dougherty, while Elizabeth Clegg was born in 1851 in Stockport to Joseph and Mary Clegg. On her marriage certificate to William she was a spinster and in 1881 she appears to be living with her Father Joseph.
It does look like you say Nell, They never married at all.
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