Divorce in 1860s New York.

The history of divorce law in New York began in 1787, when the state passed its first divorce law. New York’s divorce law was one of the most rigid and stringent in the nation: it allowed for divorce solely on the grounds of adultery (Long 1). It remained in effect until the Divorce Reform Law of 1966, which expanded the grounds for divorce (DiFonzo and Stern 21). However, both the 1787 law and the 1966 law still required a party seeking divorce to prove fault. As a result, a party seeking a divorce in New York had to prove that their spouse was unfaithful, not only to a judge, but also to a jury. In cases where divorces were granted, the unfaithful spouse was, until 1879, legally barred from remarrying (DiFonzo and Stern 6).

 

However, there were ways in which parties circumvented these restrictions. The 1787 law allowed for private divorce bills and judicial separation. In these instances, if divorce was granted, neither party was allowed to remarry (DiFonzo and Stern 7). However, it was not uncommon for the courts to refuse to grant a divorce in cases where adultery was proven. There were several other considerations, namely, “if the plaintiff [the party seeking the divorce] had connived in the procurement of evidence, condoned the offense, or was guilty of the same misconduct” (DiFonzo and Stern 8, the actual language is from an 1877 New York law that codified what was already common consideration for judges in divorce cases). Against this backdrop, we see the 1865 Stevens v. Strong divorce case.