Researching Your Ancestors’ Old Divorce Records

Details in Divorce Records

What went awry in the relationship may be documented in almost uncomfortable detail. The couple’s entire backstory may be there, too.

A divorce record is a genealogical treasure chest, containing not just family details but also stories and maybe even juicy scandals. At a minimum, a divorce certificate or entry in a divorce register will set out:

• Husband’s full name

• Wife’s full name (including maiden name)

• Birthdates or ages of the parties

• Residence of the parties

• Date and place of marriage

• Number of children

• Which spouse is seeking divorce, and on what grounds

• Date and place the divorce was granted

Some divorce records contain much more detail, including the name the divorced wife (and her children) assumed after the proceedings, the marital misconduct that resulted in the divorce, and the names and birthdates of the couple’s children.

Some adultery cases even name names—that is, they identify the person with whom the offending party had an affair. The possibilities are endless, and you won’t know in advance how much detail is in a divorce file.

Clues to Family Divorces

Before searching for an ancestor’s divorce record, you’ll likely have already learned about the marriage. Marriages are documented in civil marriage returns, church registers, newspaper announcements, family Bibles, pension records, and more. Records that may pair couples’ names (sometimes with specific mention that they were married) include property records, census entries, obituaries, tombstone inscriptions, their children’s birth records, draft registrations, estate documents, and other relevant documents.

A hint of a divorce may appear in the same record sets:

• A marriage record may indicate one spouse was previously divorced.

• Children named in census records (beginning in 1850) may have a different last name from the head-of-household, or (beginning in 1880) may be described as stepchildren to that person. (Remember, censuses provide only the relationship to the head-of-household, so you can’t tell if household members are stepchildren of a mother who isn’t the head-of-household.) Beginning in 1880, look for the letter D in the marital status column of the census.

• A deed may be executed by a married woman acting alone or identifying herself as a feme sole (legally a single woman).   

• Newspapers published notices stating that one spouse would no longer be responsible for the debts of the other, and sometimes reported news of the divorce proceedings.

• Obituaries might name a different spouse or children of a former spouse.

• In cemeteries, ancestors may be buried alongside a subsequent spouse or near children from that spouse.

• Probate papers may mention children by a different spouse or financial obligations to a former spouse.

These records, however, may not reveal the whole story. Early marriage records don’t necessarily ask about prior marital history. A remarrying bride would usually use her most recent surname, not her maiden surname. In the census and other records, a divorcee making a fresh start may have identified herself as widowed or single. Children from an earlier marriage may have adopted their stepfather's name.

Divorce didn’t always immediately follow a separation—or even precede the next wedding. Divorce was socially undesirable, expensive, and (especially in the distant past) not a sure thing. Legal grounds for granting a divorce were often strict and brutal or humiliating to prove. An unhappy husband might instead go to sea or disappear onto the frontier. A miserable wife might run away with someone else: She had few legal rights over her own children and property anyway, but would have difficulty surviving on her own.

Practical considerations usually prompted an unhappy couple to divorce finally. One party may have wanted to remarry legally or at least be free of a spouse’s debts. Often, one or both parties had property or children’s inheritances to protect: lawful spouses and legitimate children took precedence, even after years of separation. It may have taken time for a potential divorcee to build up the social and financial security to withstand the scandal.

Finally, there’s always the possibility that an unwitting second spouse discovered the truth and demanded things be set right. Even when records don’t directly mention a divorce or separation, you might guess that one happened, such as when the bigger picture you see doesn’t make sense, when names of other children or spouses pop up in records, or when women show up unexpectedly alone in records.  

Before retracing your ancestors’ steps to divorce court, you need to know what route they took. The path may not have led through the court at all. It depends on where and when a person lived and who was in charge there.

To get a copy of a divorce record in Jones County MS, you need to contact the Chancery Clerk's office in either Laurel or Ellisville. You should call ahead and ask for the procedures to obtain a copy of the record, including the fees you will have to pay and the hours of operation.

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