Family Tree Magazine Podcast – Episode Summary

Episode: Exploring Divorce Records – An Interview with Judy Russell
Date: April 29, 2025
Host: Family Tree Editors, Lisa Louise Cook
Guest: Judy Russell, "The Legal Genealogist"

Overview

In this episode, Lisa Louise Cook and the Family Tree Magazine editors interview Judy Russell, renowned as "The Legal Genealogist," to demystify the value and intricacies of divorce records for genealogical research. Judy discusses the historical evolution, variety, and genealogical richness of divorce documents, detailing both the challenges and the unique opportunities these underutilized records present.

Key Discussion Points & Insights

1. The Hidden Value of Divorce Records

• Divorce records are more common than many assume, and they hold extensive genealogical information.
• "People have a kind of a misconception that, you know, this would never have happened in my family. It happened a lot. And there are going to be a lot of records out there, and they're... wonderful genealogical records."
  — Judy Russell [01:08]
• Judy shares an 1890 Washington State divorce where one document included: full names (with maiden names), detailed marriage data, children's names and birthdates, and unique context not found in censuses.
  [01:37–02:51]

2. What You’ll Find in Divorce Records

• Allegations of misconduct, names of third parties, and intimate family circumstances are often documented.
  [02:52]
• Divorce records can include:
  • Full names (including maiden names)
  • Marriage details (date, county, state)
  • Children's names and birthdates
  • Locations, reasons for divorce, and claims about property or custody
• "There’s all kinds of good stuff in divorce records."
  — Judy Russell [02:52]

3. Historical Context: Divorce Laws & Terminology

• Understanding state and era-specific laws is critical.

• In England, divorce was rare and limited to adultery by the wife. Early American divorces were granted by legislatures, resulting in distinct record types (petitions, bills, acts).

• Judicial divorces emerged gradually across the US in the mid-1800s; some states retained legislative divorces into the 20th century.
  [03:27–05:39]

  Quote:
  "Initially the notion was that divorce ought to be really hard to get... In America, we had to change things because we had something the English didn’t, and that was running room. So desertion was a big issue here..."
  — Judy Russell [03:27]

4. Types and Process – Legislative vs. Judicial

• Legislative Divorce:
  • Start with the petition—filled with useful information.
  • Track the bill through legislative journals; final divorce requires approval.
• Judicial Divorce:
  • Key documents: complaint (bill for divorce), answer (if any), claims for support/custody, final judgment.
  • Judicial divorces might require legislative approval in some states (e.g., early Alabama). [05:39–08:45]

5. Where to Begin: Research Strategies

• Start at the State Archives—they explain types and locations of divorce records, as well as privacy restrictions.
• FamilySearch Wiki is recommended for understanding access and closure rules by state. [09:12–09:34], [15:29]
• "Almost every state archives website is going to have an explanation of the basic types of genealogical records, and divorce records clearly fall into that category."
  — Judy Russell [09:12]

6. Privacy, Accessibility, and Alternative Jurisdictions

• Many divorce records are closed for 25 to 125 years to protect privacy.
• If divorce was difficult in one state (e.g., New York had adultery as the only grounds until the 1970s; South Carolina allowed no divorce for much of its history), people sought divorces in more lenient states (Indiana, Utah, Dakota Territory, Nevada, Alabama). [09:35–12:24]
• "It's going to be much, much easier for a New Yorker to have gone to Indiana... It was really easy to get a divorce in Indiana compared to New York." — Judy Russell [12:58]

7. The Reality of "Irregular" Marriages and Missing Records

• Some ancestors separated and remarried without formal divorce.
• Clues about such circumstances can appear in Civil War pension files (multiple women claiming widowhood) or in name changes. [13:32–14:03]
• Legal rights (e.g., to sell property) motivated many women to pursue formal divorce despite social costs.
  [14:03]

8. Addressing Record Loss and Workarounds

• Legislative records usually survive; judicial records are more susceptible to courthouse disasters (fire, flood, war).
• Newspapers (especially legal notice sections for public service of process) are crucial alternatives in cases of loss. [17:41–19:39]
• "Newspapers frequently published details about divorces. That’s probably the first line of defense in a records loss situation." — Judy Russell [18:43]
• Other sources:
  • Marriage license applications (often list prior marriages and divorce details)
  • Pension files
  • Land records (citizenship/head of household status)
    [19:39–21:37]

9. Search Pitfalls & the Digital Future

• Be flexible with name spellings and name variants (Mary, Molly, Polly, etc.)
• With new full-text search features (like those at FamilySearch), finding names of children in divorce cases just got easier. [23:00–24:25]
• "FamilySearch’s launch of its full text searching is the game changer... We’re going to be able to, you know, we only have the name of a child... search that child now in some of these records..." — Judy Russell [23:00]

Notable Quotes & Memorable Moments

• "Divorce records...are out there a lot more often than people think...they’re wonderful genealogical records." — Judy Russell [01:08]
• "We all know that our ancestors ran away to get married...but we don’t think about the divorce meccas. And we need to." — Judy Russell [12:53]
• "Newspapers frequently published details about divorces. That’s probably the first line of defense in a records loss situation." — Judy Russell [18:43]
• "Don’t get hung up on spelling...look for family patterns...FamilySearch’s launch of its full text searching is the game changer." — Judy Russell [23:00]

Timestamps for Key Segments

• [01:08] – The prevalence and relevance of divorce records in genealogy
• [01:37] – Concrete example: info found in an 1890 Washington State divorce record
• [03:27] – Historical evolution of divorce law in England and the US
• [05:39] – Types of divorces (legislative vs. judicial), and documents involved
• [09:12] – Where and how to research state-specific divorce records
• [12:53] – Understanding interstate "divorce meccas" and cross-border strategies
• [13:32] – Frequency and consequences of informal separations
• [15:29] – Access and closure periods for modern and historical divorce records
• [17:41] – Impact of record loss and using newspapers as a backup
• [19:39] – Newspapers: legal notices for divorce
• [23:00] – Search tips for names and the promise of full-text record searching

Resources Mentioned

• Judy Russell’s article: March/April 2025 issue of Family Tree Magazine
• State Archives websites – for background and record access info
• FamilySearch Research Wiki (familysearch.org/wiki) – comprehensive guide to record access and closure periods
• Judy Russell’s website: legalgenealogist.com

Final Advice

• Diversify your record search: Think beyond standard marriage records—explore legislative petitions, court filings, legislative journals, questionnaires/applications, and newspapers.
• Adapt your search: Be open to spelling variations, alternate names, and jurisdiction "jumps" by ancestors.
• Embrace new technology: Digital full text search is revolutionizing genealogical research—use it to your advantage.

This episode is essential listening for family historians seeking to understand, locate, and leverage divorce records to break through brick walls and add depth to their family narratives.