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this post was submitted on 08 Jul 2023
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Coming from my perspective of "currently researching a divorce case from the mid 1800s", there are also parallels between divorce access and abortion access. In the 1800s, if you were rich enough you could travel to a state with less restrictive divorce laws, set up residency (ranging from a few months to 3 years) and file for divorce in your new home state.
Similarly, people with money and/or connections can afford to travel for medical procedures.
(I'm still figuring out how alimony worked in my 1872 Connecticut case-- I think she just got a default 1/3 of their combined assets and he skipped the state, never to pay a drop of support to his ex-wife or child.)
Thanks for adding this info!
For what it's worth, this still happens in the 2020s, but as you point out, only for affluent couples. I'm picturing here how high earners can (or may be required by state divorce law) take a trial separation for a predetermined amount of time and establish residency in a new state. That second state may have more favorable laws to one parent over the other for child custody or may have no-fault protection whereas the first state doesn't. Alimony is less of a concern for these scenarios, but family law for child custody usually gets very complicated when two states are involved.
Obviously spouses who have been homemakers can't access these relocation measures, which further highlights who exactly is vulnerable under this law.