SELFISH INTENTIONS - K-REx - Kansas State University

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Copyright JANEAL SCHMIDT 2009
Abstract In the United States, legal authorities well into the 20 th century wanted to maintain the integrity of the marriage union; therefore, early divorce laws made it difficult to get divorced. When two individuals, a man and a woman, signed a marriage contract, their identities as two individuals became secondary to their identities as husband and wife. The “unit” established by the marriage was now a matter of public interest and of greater social importance than either individual. Legally, legislatures writing the laws and the courts enforcing them therefore did their best to maintain this unit. When one member of the unit petitioned for divorce, in effect they were claiming the actions of the other member of the unit had violated the legal and sacred bonds of that unit. In the late 19 th century, western states, including Kansas began to make more liberal provisions for divorce. This study will examine those liberal divorce laws in Kansas with a particular focus on women who, like the Populist orator Mary Elizabeth Lease, used the law to protect their individual property interests in a marriage. Though such women were by no means the majority of women who sought divorce, their cases highlight a growing controversy in late nineteenth century Kansas over the state’s provisions for divorce. The openness of the state’s divorce laws allowed individuals, including female individuals, to use the law for their own purposes. Faced with the staggering increase in the Kansas divorce rate by the end of the century, some judges complained that the law did not adequately protect the state’s interest in preserving marital unions. To date, the historiography on divorce has focused on nation-wide trends. By focusing on Kansas law and the experience of women in the north central part of the state, this study seeks
Page 1: SELFISH INTENTIONS: KANSAS WOMEN AN
Page 5 and 6: Table of Contents Acknowledgements.
Page 7 and 8: Dedication To my Lord and Savior Je
Page 9 and 10: after five years away from Kansas,
Page 11 and 12: One other factor is important here.
Page 13 and 14: law analysis. Riley’s study expla
Page 15 and 16: CHAPTER 1 - Divorce Law in the Unit
Page 17 and 18: government regulations focused on t
Page 19 and 20: What is abundantly clear from the N
Page 21 and 22: conception of marriage.” 25 It wa
Page 23 and 24: divorce reflected the changing tren
Page 25 and 26: Constitution. In his dissenting opi
Page 27 and 28: family was poor, a legislative divo
Page 29 and 30: nineteenth century America, divorce
Page 31 and 32: divorce. They had to have been aban
Page 33 and 34: addition, protected the property ri
Page 35 and 36: presented an opportunity for change
Page 37 and 38: divorce was not unheard of in those
Page 39 and 40: The procedure to file for divorce i
Page 41 and 42: the district courts exclusive juris
Page 43 and 44: Many of the features outlined in th
Page 45 and 46: esidence was where her husband live
Page 47 and 48: years, and that into their large an
Page 49 and 50: active part in the city’s most pr
Page 51 and 52: had availed themselves of the quick
Page 53 and 54:
CHAPTER 3 - Concerns about Liberal
Page 55 and 56:
would come to Kansas for the sole r
Page 57 and 58:
Kansans were concerned about the st
Page 59 and 60:
tried within six months of the fili
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y default. In a majority of them ar
Page 63 and 64:
Breeze dated July 18, 1899, Thompso
Page 65 and 66:
grounds used to petition for a divo
Page 67 and 68:
marriages. Thus, we are apparently
Page 69 and 70:
e accompanied by other flagrant vio
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in Kansas, the reporter of this art
Page 73 and 74:
equired any divorce plaintiff to st
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District Court for a divorce. This
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only the right to divorce would ins
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using her capital (plus a $70 contr
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Downing therefore asked for divorce
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possibility that one of her sons fr
Page 85 and 86:
Conclusion Ida Marion Selts, Bertha
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etween the promise of the law and t
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Primary Sources Books Bibliography
Page 91 and 92:
Secondary Sources Books Bardaglio,
Page 93 and 94:
________. Untying the Knot: A Study
Page 95 and 96:
Gonzales, Deena, “The Widowed Wom
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SELFISH INTENTIONS - K-REx - Kansas State University

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