How to legally exit a marriage when you cannot divorce? The cases of Quebec and Louisiana in the second half of the 18th century (1750–1800)
Forschungsprojekt
Marriage, historically considered an indissoluble bond, posed significant challenges for individuals seeking to exit their marital union when divorce was not legally permitted. This study explores the mechanism of marriage dissolution within the contexts of Quebec and Louisiana, two former French colonial territories that became part of the common law world under British and American governance during the latter half of the 18th century. It will evaluate the legal transfer of marriage exit laws and the underlying ideologies shaping them, with a focus on the transplantation and circulation of ideas across jurisdictions. Assessing marriage exit strategies will allow us to grasp new aspects of those mixed jurisdictions.
Despite the absence of divorce provisions, individuals confronted with marital discord sought avenues for separation. Legal mechanisms such as annulment, separation from bed and board, and property separation provided options, yet their practical accessibility was often limited, given the stigma and expenses associated with judicial processes. Consequently, some spouses circumvented legal channels altogether, resorting to solutions ranging from reaching private agreements without formal legal frameworks to simple desertion – or even extreme measures such as murder.
Utilizing a diverse array of historical sources, including legal documents (legislation, case law, treaties, notary acts), extra-legal (literature, folklore, personal accounts) and religious sources which also exerted influence over marital practices, this research project aims to elucidate the legal practices of marriage dissolution. Through this interdisciplinary approach, the study also intends to reconstruct the legal narratives of marital dissolution enriched by the voices and experiences of individuals operating outside the formal legal framework. Furthermore, by looking at gender relations, the study seeks to uncover the ways in which gender intersected with legal practice in shaping marital outcomes.