July 25, 2025
Last week I wrote about finding divorce records. I mentioned that these records are searched for less often than other kinds of vital records. That’s because many of us don’t realize that divorce was an option for our ancestors.
Many genealogical resources state that divorces were very rare in America’s past. This tends to make many researchers jump to the conclusion that none of their ancestors ever divorced.
It is true that in earlier eras of American history, divorces were seldom granted. Up until about 1850, most divorces were granted by state legislatures and required special legislation. Few who petitioned obtained one.
However, by 1850, newer states and territories in the west often had more permissive divorce statutes and shorter residency requirements. Some of these states became “divorce mills” which attracted people from areas with stricter laws. The first of the so-called divorce mill states was Indiana. Iowa and Illinois soon joined Indiana in passing laws that made divorce easier and quicker.
Territories such as Utah and the Dakotas also had short residency requirements. In the 1850s Utah was an attractive destination for those who wanted to divorce since it allowed anyone who declared that he wanted to be a citizen of the territory to become one immediately. This meant that one-day divorces were possible. In addition, a Utah Territory Statute contained an omnibus clause which allowed a judge to grant a divorce to anyone whom he felt could not live in peace and harmony together.
Later, other western states such as Idaho, Nevada and Wyoming became known as divorce meccas since they had short residency requirements. By the 1930s, these states had recognized that migratory divorce provided economic benefits to them and actively advertised for divorce-seekers.
All of this means that divorces were available in some parts of the United States beginning in the mid-nineteenth century. If your ancestors lived in the western parts of the country, it is likely that some of them obtained divorces. For example, in my own family, I have found that one set of great grandparents and at least half a dozen collateral couples obtained divorces in the later part of the nineteenth and early twentieth century. All of them lived in Utah where divorce was relatively common and easy to obtain.
Even if your ancestors lived in some of the more restrictive parts of the country – most of the eastern states – it’s possible that they traveled to one of the divorce mecca states or territories to obtain a divorce.
If you find evidence of an ancestral couple living apart, it’s worth considering whether they may have been divorced. It turns out that for some areas during some periods, divorce was an option.
Carol Stetser
Researcher
Larimer County Genealogical Society