They would if they could: class, gender, and popular representation of English divorce litigation, 1858-1908

J Fam Hist. 2011;36(2):173-90. doi: 10.1177/0363199011398587.

Abstract

A systematic sample of the petitions presented to the English Divorce Court from 1858 through 1908 makes it possible to assess the differential contribution of discrete social and economic subgroups to the litigation the Court oversaw. An examination of four of these -- the titled aristocracy, those employed in the theater, those in receipt of financial aid, and laborers -- shows that English divorce litigants exhibited a broader social profile than commonly attributed to it by the newspaper coverage of divorce litigation, which gave a skewed impression of its social profile. Analysis of these cases underscores the gendered, class, and geographically inflected demand for divorce in a judicial setting that imposed severe restrictions on access to divorce as a remedy for marital breakdown.

Publication types

  • Historical Article

MeSH terms

  • Divorce* / economics
  • Divorce* / ethnology
  • Divorce* / history
  • Divorce* / legislation & jurisprudence
  • Divorce* / psychology
  • Family Health / ethnology
  • Family Relations / ethnology
  • Family Relations / legislation & jurisprudence
  • Family* / ethnology
  • Family* / history
  • Family* / psychology
  • Gender Identity*
  • History, 19th Century
  • History, 20th Century
  • Judicial Role* / history
  • Jurisprudence / history
  • Social Change / history
  • Social Class* / history
  • Socioeconomic Factors* / history
  • Spouses / education
  • Spouses / ethnology
  • Spouses / history
  • Spouses / legislation & jurisprudence
  • Spouses / psychology
  • United Kingdom / ethnology