Divorce "in forma pauperis", 1881 London

[ninakin]

Hi,

A while ago I discovered some ancestors who divorced in forma pauperis in 1880 (in forma pauperis: "When a person is so poor that he cannot bear the charges of suing at law or in equity, upon making oath that he is not worth five pounds and bringing a certificate from a counselor at law that he believes him to have a just cause, he is permitted to sue informa pauperis, in the manner of a pauper; that is, he is allowed to have original writs and subpoenas gratis and counsel assigned him without fee")

My question is, what would be the norm regarding the wife's surname in those days; - would she keep his or would she take her maiden name back? The petitioner was the husband, maybe that would make a difference as to which name she would use after the divorce? The reason for asking is that I can't find the (ex-)wife after the divorce in any census, nor a registration of her death. She could of course have remarried, but I can't see that happening so soon after the divorce, the final decree being 15 Feb 1881. I would expect to find her in the 1881 census, but no luck! Does anyone have any information regarding divorces in those days? 
Ninakin.

[jorose]

I would expect her to revert to her maiden name - although what was the reason given for the divorce, do you know? Maybe she's hiding somewhere under the surname of a lover, or maybe she was just waiting for the divorce to come through and she remarried the next day!

http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=53 - NA info on divorce.  It appears the case file will  probably still exist and be held at the NA.

Have you checked the Times in case there was something in the newspapers about it? Sometimes, particularly if the story was a bit juicy, they wrote the cases up.

[ninakin]

Thanks jorose, yes it was quite a juicy case back in 1880. I went to the NA and dug out the case file which was also covered in the Times. To make a long story short: The wife had indeed had a lover, but this was on top of a case of neglect of her children, one of which died as a result.    She was sentenced to 15 months hard labour in Westminster House of Correction. I've tried to find prison records but not many survive from that particular time. I have looked for her under the lover's surname but came up with nothing. I can only assume she took another name entirely after this case, although not legally of course. She was very poor and had little family to help her out so I don't think the outcome would be particular good either way. I just wanted to know what happened to her in the end. 
Ninakin.

[jorose]

Have you checked by initials? Sometimes in prisons/workhouses or other institutions they didn't bother writing full names - makes it difficult when you're trying to work out whether a particular 'J.S.', aged 30, born 'London' is yours or not...

[ninakin]

Yes I have searched on initials but I don't think it revealed anything at the time. When the 1881 census was taken she was already out of prison, but could of course be in some other institution where they only listed inmates with initials. Still, as you say it makes it very difficult to be sure of anything! She was born in Bethnal Green and I doubt she would go very far from this area. Having said that, you never know, of course!