Divorce Laws and Your Family Tree

How many divorces are in your family tree? It isn't an easy question to answer if you haven't entered divorce dates.

My 83,974-person family tree has 40 divorce facts for 39 individuals. To find your numbers:

• Open your GEDCOM file in Family Tree Analyzer.
• Choose the Facts tab.
• Selected Divorce.
• Click "Show only the selected Facts for Individuals".

Was divorce even possible for the people in your family tree?

I know the real number is higher. I don't have a Divorce fact for many of my cousins' divorces.

The number is also low because the vast majority of people in my family tree were born in Italy before 1916. (The birth records available online end in 1915.) Have you ever heard of the 1961 Italian movie "Divorce Italian Style"? Divorce wasn't legal in Italy until the end of 1970. But there was another law on the books that Marcello Mastroianni's character tried to use in the film.

The very idea of this law is shocking. Up until 1981 it was allowable to kill a woman (and only a woman) for being unfaithful. To kill her! They called it an honor killing. In the film, Mastroianni's character tried to lure his wife into being unfaithful. But she refused to do so.

The lack of legal divorce in Italy before 1970 means two things for an Italian family tree:

• If a person remarried, you can assume their 1st spouse died, even if the death record is unavailable.
• There were children born out of wedlock each year. Divorce wasn't legal, but affairs were okay—especially for men.

Let's take a look at when divorce became legal in several countries. Some of the dates are later than you might think, and some are way earlier than I expected. Religious institutions imposed many of the restrictions on divorce laws. There's also a distinct trend toward giving men all or most of the power.

More interested in marriage facts than divorce facts?

• How to Understand Your Ancestors' Marriage and Remarriage Customs
• Report Finds Marriage Mishaps in Your Family Tree
• Did Your Ancestors Have Arranged Marriages?

Two definitions first:

• No-fault divorce means you don't have to provide proof of your spouse's fault.
• Unilateral divorce means one spouse can end the marriage without the other's consent.

Which of these dates affect your family tree?

• Argentina: Separation became legal in 1888; divorce 99 years later in 1987. An updated 2015 law removed the required separation period.
• Australia: The Family Law Act of 1975 went into effect in January 1976 legalizing divorce.
• Brazil: Divorce became legal in 1977. An updated 2010 law removed the required separation period.
• Chile: Divorce became legal in 2004.
• Denmark: Divorce became legal in 1969 with a required six-month separation period.
• England and Wales: Divorce became legal in 1857, but there were limitations. There had to be proof of infidelity, cruelty, rape, or incest. In 1923, a woman could sue for divorce, but she faced a higher burden to provide proof of fault. The process became much easier in 2020.
• Finland: Divorce became legal in 1988 with no required separation period.
• France: Divorce had a bumpy road in France. It was legal in 1792, repealed in 1816, reinstated in 1884, and overhauled in 1976.
• Germany: Divorce became legal in 1977 with a required separation period.
• Greece: No-fault divorce became legal in 1979. In 1983 Greece allowed unilateral divorce with a required separation period.
• Ireland: The Family Law Act of 1996 was the first significant law allowing divorce. Before that, the country's 1937 Constitution barred divorce.
• Italy: No-fault divorce became legal in 1970. Unilateral divorce with a required separation period became legal in 1975.
• Mexico: Divorce became legal in 1915, but it is still not common. In the 1950s and 1960s, many Americans traveled to Mexico for a "quickie divorce".
• Norway: Unilateral divorce became legal in 1993 with a required separation period.
• Portugal: Unilateral divorce with a required separation period became law in 1976. In 2008 the country abolished fault-based divorce making the process easier.
• Spain: Generalissimo Francisco Franco (still dead) overturned the divorce laws of the early 1930s. Divorce was illegal from 1938 to 1981. In 2005 the country instituted unilateral divorce with no required separation period.
• Sweden: Fault-based divorce became legal in the 1600s. The country passed mutual agreement divorce in 1915, and unilateral divorce in 1973.
• Switzerland: Unilateral divorce with a required separation period became legal in 2000.
• United States: In 1629 the Massachusetts Bay Colony created a judicial tribunal for divorce. Laws vary by state throughout the country.
• Uruguay: Divorce by mutual consent became legal in 1907; divorce by the sole will of the woman in 1913. That's unique!

If you have people in your family tree with more than one marriage, take another look at them. Depending on the place and year, you may be able to infer the death of the first spouse before the 2nd marriage.