From Kings to Common Law: Divorce in the Past and Present
The topic of divorce can be a very painful one for many people. The realities of divorce affect thousands of families in the United States every year. And while it’s not a topic of conversation that many like to discuss, it is a reality in today’s society, but the process wasn’t always as straight forward. Even today, divorce can get quite convoluted and tangled. Its evolution in the West and into American society, however, teaches us a lot about our societies and how they have changed. We thought that we would take a trip down the twisted hallways of history and how the process of divorce began and how it changed England and America forever.
It Begins With King Henry VIII
You might remember the story of King Henry VIII from your early history classes and schooling. He sure was a fascinating figure and one that would impact society in many ways. For the English royal families throughout history, the importance of having an heir to the throne was seen as one of the most important reasons for a king’s marriage. Interestingly enough, Henry VIII was quite the defender of the faith, as he was quick to repudiate many of Martin Luther’s grievances about the Catholic Church. And yet, it wasn’t long after that that King Henry VIII found himself in a difficult position regarding the Church’s opinion on the dissolving of marriages. And then, voila, you had the English Reformation, a massive redistribution of wealth and property, and a whole lot of chaos.
Henry VIII sought to end his marriage with Catharine of Aragon because she had been unable to provide him with a male heir. At that time, of course, having a male heir to the throne was crucial to preserving the dynasty and rule. The King would seek the Pope’s approval to get a divorce but no such thing would happen. Meanwhile, the King already had his sights on one of his wife’s ladies-in-waiting called Anne Boleyn. She refused to become his mistress and the King sought other ways to have his way. Henry would ask Pope Clement VII to grant a divorce from Catherine. And while his requests for divorce might not have otherwise been entirely refused, that year was a year of considerable chaos for the Church. The Pope had had to flee after Roman troops had taken power of the Church. It was here that the King and several other “advisors” would come to the conclusion that England should not be subjugated by the jurisdiction of the Pope. King Henry would then make special appointments and saw to it that these new arrangements would grant him the divorce he needed.
The Heartbreaking Story of Anne Boleyn
With no time wasted, Henry VIII was soon to be married to an already pregnant Anne Boleyn who was quickly crowned as the Queen of England. Sadly for Henry, Anne did not deliver a baby boy but a little girl. This daughter would become Elizabeth I and quite influential in her own right, but Henry had his sights set on a baby boy. Henry VIII had already fallen for another lady named Jane Seymour. Anne Boleyn was accused of adultery, incest, and conspiracy against the King. And then, off with her head. By most accounts, the charges against Anne were largely fictitious or, at the very least, exaggerated.
Anne Boleyn was beheaded and the King was then wed to Jane. In 1537, she gave birth to a baby boy, Edward, and then died from childbirth complications a few days later. This son would oversee the throne briefly after Henry’s death, which advanced much of the reformation in England. Later, the daughter of Anne Boleyn would proceed to rule England for fifty years.
The question of divorce traces all the way back to that time. Unfairly for Anne Boleyn, however, she often bears the brunt of being deemed the original home wrecker. History does tell, however, that Henry VIII had had many mistresses and even after his marriage to Boleyn, continued his promiscuous habits. And many people have the idea that Henry VIII’s new church softened restrictions on the dissolving of a marriage. Yet, moves to find legitimate reasons to end a marriage were already in the works when the split in the church happened. Henry VIII actually had that take a step back.
Divorce in Modern American Times
And for a long time thereafter, divorce could be a complicated matter. Fast forward a couple of hundred years and you see that divorce in America was much harder to attain. By the end of the 18th century, several states and regions like Utah, the Dakotas, and Indiana were places where you could get a divorce. A conference on Marriage and Divorce was held in 1903 to try to look into the question and find remedies, mostly on the basis of religion. In fact, in the mid 20th century, some Americans would travel south of the border to obtain a Mexican divorce
Today, according to the CDC, the number of marriages is 2,132,853 and the number of divorces is about 782,038. This is from a count of the 45 states that report. Most people are used to the oft-repeated statistic of the 50% divorce rate. That rate, if ever truly accurate has significantly changed today. This number seems to have gone down dramatically. Even then, many American families must deal with divorce in any given year.
Find a Family Lawyer You Can Trust
Here at Rios, Parada, & Seañez, we are here to help you through the difficult time that is getting a divorce. Regardless of its long history, it’s always a time of change for people’s personal lives. We’re here to alleviate some of the external worries that come with dealing with the legal system. If you’re facing the prospect of divorce, give us a call and see how we can help you.