Also on a dissolution of marriage a question

I found out why my Peter McDonald did not marry the mother of his
illegitimate child . Dear Peter was already married to another woman at
the time. I have a scenario I would like to get some thoughts on. My
ancestor Peter McDonald marries Margaret Spence in June 0f 1837 and in
May of 1838 he fathers an illegitimate child with another woman named
Margaret Crocket. What would Margeret Spence's recourse have been at
this time , since Peter had an adulterous affair two months into the
marriage? I know that obviously Margaret Spence does not remain with
him as he remarries yet a third Margaret (Stewart) in 1839. Would Ms
Spence have gone to the kirk sessions and got some sort of annulment or
a divorce or what? And my second question is if Margaret Spence

Charles Ellson...

That would generally be a matter for the courts not the Kirk. In later
years you will find paternity actions (in the Sheriff Court) mentioned
on birth registrations and divorce actions in the Court of Session
(not just of well-off people, civil legal aid has existed since the
15th century in Scotland) usually reported in local newspapers. The

Don Aitken...

Does anybody have any figures for divorce in Scotland at this time? I
have always understood that it was pretty rate, but I don't know *how*
rare.

Eve McLaughlin...

By no means as rare as in England, since the grounds were less complex
and the process less expensive. Somewhere I have figures, but all I can
lay my hands on now are about 50 a year in 1840s in Scotland. The Englis
figure for petitions 1840-1845 was 5, 8. 2, 3, 10, 8
the comparable figures in America in the 1850s was that 1 marriage in 11
ended in divorce.

Charles Ellson...

I was about to suggest a poke around the NAS index but looking at:-
with other Court of Session records requiring deeper searching to get
the figures. IME during the years when divorces resulted in annotation
of marriage registers it was rare to see any with most parishes
showing none.

Don Aitken...

Thanks for trying.

Kirk would often apply some moral blackmail to persuade a father to
support a child but the Sheriff Court would be needed to force any
money to be paid (if the father had any anyway).

remarried would I look for her as Margaret Spence on the marriage
register or as Margaret McDonald retaining her first naughty husbands
name on marriage register.? And yes I am fairly certain that Margaret

Charles Ellson...

She could be listed under either or both depending on how she was
known (and how long for) after disposing of the first husband, how she
declared her names on the marriage schedule and how accurate the
indexing was.

Crocket and Margaret Stewart are not one in the same for a variety of
reasons. I have them separately on the census in 1841 at separate
residences. I also have reason to believe that Stewart was not a
married name at all as it is passed on down through three generations
as a middle name. And somehow I doubt that a Margaret Crocket who
marries Stewart man, then marries a McDonald man would have given her
children with Peter McDonald, the middle name of her first husband
over and over. Does that sound logical? That is just my thoughts on the
situation. If anyone on this list has a similiar situation though where
for some reason the first husband is honored in this way, please let me
know . I open to possibilities though again it seems improbable to me
that Peter would allow Margaret to name their children with her first
husbands surname(middle names) on nearly all of their children. Mainly
concerned with what happened to Margaret Spence although would like any
feedback on the childrens middle names if someone would like to offer
it. Thanks Julie I find this list very helpful most of the time.