SELFISH INTENTIONS - K-REx - Kansas State University
SELFISH INTENTIONS - K-REx - Kansas State University
SELFISH INTENTIONS - K-REx - Kansas State University
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Abstract<br />
In the United <strong>State</strong>s, legal authorities well into the 20 th century wanted to maintain the<br />
integrity of the marriage union; therefore, early divorce laws made it difficult to get divorced.<br />
When two individuals, a man and a woman, signed a marriage contract, their identities as two<br />
individuals became secondary to their identities as husband and wife. The “unit” established by<br />
the marriage was now a matter of public interest and of greater social importance than either<br />
individual. Legally, legislatures writing the laws and the courts enforcing them therefore did<br />
their best to maintain this unit. When one member of the unit petitioned for divorce, in effect<br />
they were claiming the actions of the other member of the unit had violated the legal and sacred<br />
bonds of that unit.<br />
In the late 19 th century, western states, including <strong>Kansas</strong> began to make more liberal<br />
provisions for divorce. This study will examine those liberal divorce laws in <strong>Kansas</strong> with a<br />
particular focus on women who, like the Populist orator Mary Elizabeth Lease, used the law to<br />
protect their individual property interests in a marriage. Though such women were by no means<br />
the majority of women who sought divorce, their cases highlight a growing controversy in late<br />
nineteenth century <strong>Kansas</strong> over the state’s provisions for divorce. The openness of the state’s<br />
divorce laws allowed individuals, including female individuals, to use the law for their own<br />
purposes. Faced with the staggering increase in the <strong>Kansas</strong> divorce rate by the end of the<br />
century, some judges complained that the law did not adequately protect the state’s interest in<br />
preserving marital unions.<br />
To date, the historiography on divorce has focused on nation-wide trends. By focusing<br />
on <strong>Kansas</strong> law and the experience of women in the north central part of the state, this study seeks