Sunday, July 24, 2011

Draconian Divorce -- New York in the 1950's

A big part of the plot of Exiled in the Sweet Land of Liberty circles around Sophie’s parents’ divorce. Exiled takes place in the 1950’s in an imaginary version of my Long Island hometown. Back in those days, divorce was very different from the no-fault, bye-it-was-nice-knowing-you system prevalent throughout the US today. And New York State had the most draconian of all divorce laws.

For those of you who don’t live in the United States and didn’t have to sit through an interminable term of what our high school teachers called “Government”, laws concerning marriage, divorce, birth control, driving, education and a lot of other things differ from state to state. That’s thanks to a quirk of the US Constitution that reserves to state governments everything not specifically mentioned in the Constitution.

In 1956, the year Exiled takes place, every state was different. Laws ranged from Nevada, where you merely had to establish six weeks residence, file a petition and get a divorce, to New York, which restricted divorce to only those who could prove the adultery of their spouse. Even then it took ages to go through the complete process to the final “Decree Nisi”, which said the marriage was officially ended and the parties could remarry.

Early New York divorce law had an interesting quirk. Until the state constitution was modified in the early 20th century, there were two routes to divorce. The one was a judicial route, in which a party could be granted divorce upon proving the infidelity of the spouse. When the law permitting this was originally proposed in 1787, it also stipulated that the adulterous party would not be permitted to remarry, but when it was actually passed two years later, that provision was dropped as too onerous.

The other route was called a parliamentary divorce. It allowed the parties to apply to the state legislature, who could then pass a special law permitting the divorce. This allowed a much broader range of grounds, but was very hard to get.

As a result, even as early as the 19th century, a large number of New Yorkers sought divorces outside the state, in what is known as “migratory” divorce. This was the route my own father took in 1946 when he split from his first wife (who was not my mother). The states preferred for divorce were those with very short residency requirements, chiefly Alabama, Nevada, Florida, Idaho and Wyoming. The wealthy often went overseas. There were divorce “mills” in Paris, Havana and Mexico.

There were domestic scandals, as well. Several times in the state’s history, divorce “rings” were exposed, in which professional “co-respondents” were paid to attest to having sex with one or the other of the parties in order to provide the necessary grounds.

Of course, in Exiled, Marta’s adultery is a proven fact. Even so, Jan needs hard evidence for court, which is why he appears to stalk her. Courts were not favorable towards women caught in adultery, by the way. Happy Murphy, who divorced her doctor husband to marry Governor Nelson Rockefeller in 1963, was forced to give up her four children by Murphy.

By 1956, citizens were clamoring for reform and a commission was created to study the divorce laws, but its limited mandate prevented it from accomplishing anything. In fact, reform was strongly blocked by the Catholic Church, which had a strong hold on the lower and more populous half of New York State. It took another ten years before the 1966 Divorce Reform Law was adopted. This law allowed for a wider range of grounds, including desertion, imprisonment, “deviant” sexual behavior and “cruel and inhuman treatment”. It also permitted “no-fault” divorce based on legal separation, which was carefully defined.

The reforms, while an improvement, were by no means equitable. In the 1960’s, the majority of women were still economically dependent on their husbands, and legislation did not guarantee a divorced woman sufficient means of support. It wasn’t until the feminist movement and further reform in 1980 that this was addressed.

Source: http://www.brandeslaw.com/grounds_for_divorce/history.htm accessed 22/8/08

36 comments:

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  2. I've been looking forward to your post. I've been researching divorce & paternity in my own state for my next novel. I knew Exiled is set in RI, and I've wanted to see what the eastern side of the country thought of divorce. More conservative, than a lot of western and southern states from your post. Iowa in 1946 wasn't as liberal as Nevada, but it certainly wasn't as harsh as New York.

    I think WWII played a big part in divorce reform. Lots of couples doing 'the world is ending so let's married' only to find out the world didn't end (in the U.S. at least) when the war was over.

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  3. Interesting thought about the effect of WW2 on divorce reform. I always credited to the sexual revolution of the sixties.

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  9. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Shechan Caroline am from Los Angeles I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.oku, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact is okutemple@gmail.com or add him on whasapp +2347053113465

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    ReplyDelete
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    ReplyDelete
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  13. Thanks for sharing this information!

    ReplyDelete
  14. It's so interesting to read about the history of divorce process. Lots things have change from that time... I suspect that every divorce is and was different, just like every marriage is. In case you need any information as to the financial side of the divorce process, you may find it here. Hope this information will be useful.

    ReplyDelete
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    5. Hepatitis B

    ReplyDelete
  22. I want to say thank you thank you thank you to Ancient (Great Matatan powerful Spell ) for everything so far. To everyone who doesn’t believe in spell, I was one of those ones at first. I wasn’t quite sure if I wanted to do this since I’ve tried others so-called spells casters and they did not work and was a waste of my time and money. However, when I read through the testimonials of other people at this website and after I talked Great Matatan powerful Spell who answered all my questions and was very nice about everything, I decided to give it a try. I figured it would be my last try to get my guy back. So my story is that I was at my office when the guy I am in love with told me that he wasn’t in love with me and never will be and that he didn’t want to speak or see me again, especially since he was talking to this other girl. When I talked to Great Matatan , he let me know which spells would be most appropriate for me and I chose the ones that was to get him back to me and stay with me and want to marry me.As soon as he started on the spells, my guy came back into my life! It was a miracle to me and I’m so thankful for that. Things have been going well, and pretty much according to what Great Matatan Spell said would happen. He’s always there when you need him and that’s also after the spell is done. I’m still waiting for the spells to completely manifest, but with all that has happened so far I’m very happy because given only four months ago in March, if you asked me or my friends if I would have anticipated how things were right now…no one would believe it! Great Matatan. contact is email address ( matatanspell@yahoo.com ) 

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  23. Hello I want to give thanks to  Dr Udi  the Great and powerful one, in whom I trust completely and he cast spells such as love spells, spells to attract a lover, spells to return lost lover, spells to stop cheating in a relationship, spells to stop divorce and marriage spells. With Guaranteed and powerful results. Any spell you need will be solved by Dr Udi.Inbox him today, you can also Call,Text, Whatsapp him on +2348051243538 or Email: Ultimatespellhome@gmail.com,ol]

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  24. Hello I want to give thanks to  Dr Udi  the Great and powerful one, in whom I trust completely and he cast spells such as love spells, spells to attract a lover, spells to return lost lover, spells to stop cheating in a relationship, spells to stop divorce and marriage spells. With Guaranteed and powerful results. Any spell you need will be solved by Dr Udi.Inbox him today, you can also Call,Text, Whatsapp him on +2348051243538 or Email: Ultimatespellhome@gmail.com,ol]

    ReplyDelete
  25. i am ERIC BRUNT by name. Greetings to every one that is reading this testimony. I have been rejected by my wife after three(3) years of marriage just because another Man had a spell on her and she left me and the kid to suffer. one day when i was reading through the web, i saw a post on how this spell caster on this address ojogun.48hoursspelltemple@gmail.com   have help a woman to get back her husband and i gave him a reply to his address and he told me that a man had a spell on my wife and he told me that he will help me and after 3 days that i will have my wife back. i believed him and today i am glad to let you all know that this spell caster have the power to bring lovers back. because i am now happy with my wife. Thanks for helping me Dr Ojogun  contact him on email: ojogun.48hoursspelltemple@gmail.com  
    or
    call/whatsapp:+2348154637647       

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  26. What a great and inspiring story! I was married for seven years without any child, because of this my husband start acting strange, coming home lately and not spending time with me any more and he divorced me. So i became very sad and lost in life because my doctor told me there is no way for me to get pregnant this really make life miserable for me. until i came across a friend who told me about DR AJAYI from the Internet, how he has helped a lot of women with this similar problems that i am going through so i contacted him on: drajayi1990@gmail.com and explained to him. he told me all what to provide before he could cast a reunite spell to bring back my husband which i did and he sent a powerful prayer which i had to say at mid night while he cast the love spell. It was a miracle, 48 hours later my one and only husband came back to me and apologize for all he has done and told me he is fully ready to support me in any thing i want,i quickly call DR AJAYI and told him what was going on at that moment and he also prepared and sent me a herbal medicine which he said it will cure every unwanted diseases or infections that has been stopping me from conceiving then instructed me on how to use it before meeting with my husband. Behold after using this native herbs and root, few weeks later i started feeling pregnancy signs all over me, truly i was pregnant i just gave birth to a baby boy on the 1st of this month. I Vow to let the whole world know about DR AJAYI for saving my relationship and for also giving me children i can proudly call my own today. For any woman who think it impossible, here is an opportunity for you to smile and bring happiness to your family kindly contact DR AJAYI via Email on: drajayi1990@gmail.com . com or reach on his WhatsApp OR Viber number : +2347084887094 Indeed, he is a God sent to bring back lost lovers and bring you happiness

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  27. HOW DR. UNEME brought back my ex lover unemespellben@gmail.com
    Am DONNA, am from UK. After been in a relationship with my Boyfriend for 1 year now and we were planning to get married soon and all of a sudden he left me for another girl. of a truth, I really love this guy and never can I imagine life without him. I further tried all my best to get him back but all my effort to get him back in my life did not work out. It was on this faithful day, I came across some Testimonies on a website about this great spell caster called (Dr. UNEME) any persons claimed that he help them to renew their relationship and bring their ex lover back, I had to contact him because he was my last hope. I contacted him through his email and he assured me that in three days time my boyfriend is going to leave the other girl and come back to me and it was a very great surprise to see my boyfriend coming back to me after three days the spell was done. I am so very happy today that he came back to me and i achieved this with the help of Dr UNEME I equally want to use this opportunity to Tell/Advice to as many who need their ex back, if you need his help you can Contact him through
    EMAIL: unemespellben@gmail.com WHATSAPP HIM @ +2348143813120


    Thank You Once Again Dr.UNEME

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  28. Do you have a misunderstanding with your lover which led to breakup and you have tried to reconcile with him or she but he/she is not giving you a positive response and you feel something is not going right in your relationship and you need a quick solution, contact Dr Ajayi today and see to it that your love life come back for the best with your ex, Dr Ajayi has help me to restore peace in my home because my husband left me for 9 months and lived with another woman and never wanted to come back home but with the help of the spell caster Dr Ajayi he came back home after 3 days after a powerful restoration spell was done by Dr Ajayi. So if you need a quick solution in your relationship or marriage with the help of a spell caster, contact Dr Ajayi now on email : drajayi1990@gmail.com or Whatsapp : +2347084887094

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  29. God bless Dr Osemen, for his marvelous work in my life, I was diagnosed of HERPES since 2016 and I was taking my medications, I wasn't satisfied i needed to get the HERPES out of my system, I searched about some possible cure for HERPES i saw a comment about Dr Osemen ,how he cured HERPES with his herbal medicine, I contacted him and he guided me. I asked for solutions, he started the remedy for my health, he sent me the medicine through UPS SPEED POST. I took the medicine as prescribed by him and 14 days later i was cured from HERPES,thank you, drosemenherbalhome@gmail.com or whatsApp via+2349057809479

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  30. My husband and I have been married for about 7 yrs now. We were happily married with two kids, a boy and a girl. 3 months ago, I started to notice some strange behavior from him and a few weeks later I found out that my husband is seeing someone. He started coming home late from work, he hardly cared about me or the kids anymore, Sometimes he goes out and doesn't even come back home for about 2-3 days. I did all I could to rectify this problem but all to no avail. I became very worried and needed help. As I was browsing through the Internet one day, I came across a website that suggested that Dr OKU can help solve marital problems, restore broken relationships and so on. So, I felt I should give him a try. I contacted him and he did a spell for me. Two days later, my husband came to me and apologized for the wrongs he did and promised never to do it again. Ever since then, everything has returned back to normal. My family and I are living together happily again.. All thanks to Dr OKU. If you need a spell caster that can cast a spell that truly works, I suggest you contact him. He will not disappoint you. This is his Email: (okutemple@gmail.com) or WhatsApp him (+2348163425519)

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