In my current family-history photo book, I'm telling the story of my husband's maternal grandparents, Floyda Mabel Steiner McClure (1878-1948) and Brice Larimer McClure (1878-1970). One page is devoted to Floyda's first marriage, to an affluent local farmer in Upper Sandusky, Ohio, in 1898. Three years later, Floyda left him and filed for divorce--very unusual for a woman in her early 20s in small-town Ohio, circa 1901.
Which court house?
A few years ago, I called two county court houses in the area to see which might have the divorce files. Turns out Floyda filed in the closest court to her hometown, much to my surprise. Other ancestors I've researched filed for divorce in a neighboring county or even another state. Not Floyda. I imagine her mother and sisters stood by her as she prepared to confront her husband in the court room.
It cost me only $3 and postage to obtain photocopies of all the divorce documentation by snail mail. Here's what I learned, all of which I'm sharing in my photo book.
Floyda's side
Floyda alleged that her husband was verbally abusive (calling her a "damn hen" and jeering that she was low-bred, among other taunts and curses I won't repeat here). She said he was also physically abusive (scratching her face, kicking her, threatening to do more).
Her husband's side
Her husband's attorney responded to the petition with just a few handwritten lines to the court. The lawyer wrote "that the facts stated therein are not sufficient to constitute a course of action." Note that the lawyer didn't dispute Floyda's version, just said the allegations weren't enough to lead to divorce. Hmmmm.
No-show leads to divorce
Floyda's husband failed to respond in person to the court summons and the judge therefore ruled entirely in Floyda's favor, granting the divorce and all she requested in her petition.
At top is the accounting of how much Floyda won: $215 in alimony and full payment of her divorce costs (in all, worth $8,400 in today's money).
The court also ruled she could return to her husband's home and retrieve her own belongings. Floyda now legally resumed using her maiden name. I found her mentioned in newspaper social items as "Miss Floyda Steiner" once again.
Only recently did I figure out how Miss Steiner met Mister McClure. That story is also in the current photo book!
Go Floyda! What a woman to decide not to put up with that and thankfully the courts backed her up. Certainly not always the case that women's human rights were upheld back in those days. Great story.
ReplyDeleteAgree that Floyda was brave to stand up for her rights, and thankful the court agreed to grant her divorce!
DeleteInteresting to see both sides. Most divorces I've seen usually only have the plaintiff's side. My gg-grandmother divorced my gg-grandfather due to desertion. He had gone back to Texas with the oldest son. She married the farm hand the day after her divorce was final.
ReplyDeleteLuckily, the court sent me the full file so I could see the handwritten note from the husband's lawyer, an eye opener since the husband wasn't disputing the wife's version! About your gg-grandmother, wonder why your gg-grandfather left for Texas?
DeleteI wish I knew!
DeleteOoh, interesting story, Marian! It's stories like this that really make the family history! Yes, unusual for 1901. That is a good amount of alimony for back then! :)
ReplyDelete