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Throughout American history, marriage has been defined as a lifelong relationship between spouses. Of course, this definition represents a cultural ideal rather than a description of reality. Almost everyone knows that marital dissolution is common these days, and that nearly half of all first marriages are projected to end in divorce. Many people do not realize, however, that divorce has always been a fact of life in American society. Our goal in this chapter is to present a historical perspective on marital dissolution in the United States.
We focus on three aspects of divorce that have changed significantly over time: a the frequency of divorce, b the legal regulation of divorce, and c public attitudes toward divorce. Unfortunately, almost no historical information is available about the dissolution of non-marital relationships, including cohabiting unions. Living together outside of formal marriage, however, was not uncommon in the past, especially among the poor Phillips, Moreover, prior to the Civil War, most slave couples, including those with children, were not allowed to marry.
Living together was also common among couples in remote parts of the country who did not have access to clergy or a justice of the peace. That is, these couples had the same legal rights and responsibilities as other married couples, even though they did not have a license or participate in a formal ceremony. Given the ease of marrying these days, as well as the legal complexities that these unions present, most states have since abolished common-law marriage.
Because cohabiting couples that split up did not obtain legal divorces, we know little about the frequency or causes of dissolution among these informal unions. Consequently, although the material in this chapter focuses on legal marriage and divorce, readers should keep in mind that a large number of unions in the United States were formed and dissolved without leaving tracks in the historical record.