Last time, I wrote about my great-grandmother Bertha (Colomy/French/Spratt) Pleau’s divorce from her first husband, Frederick Morton French. (I figured divorce also fits in nicely with the #52Ancestors theme of “Flew the Coop”!) The newspaper indicated that the Superior Court of Essex County granted the divorce and gave her custody of a minor child. Since I couldn’t find anything anywhere about this child, I proceeded to order the original divorce papers from the Massachusetts Judicial Archives.
The archivist responded within a week and I received the entirety of the divorce papers, which was fifteen pages long. Before I get into the meat of the document, let me first answer the burning question: nowhere in the entire package was there a mention of a child and/or custody. For something like custody to be granted by the court, it would certainly be mentioned if it existed. That, coupled with the fact that I found absolutely no record of a birth or a death of a child in a city and state that’s always proved to have phenomenal records, tells me that there was never a child in existence. I can only assume that the newspaper mistakenly put in the phrase about custody of a minor child.
Now on to the divorce itself! Since the paperwork is relatively scant, there aren’t loads of information; however I can piece together a timeline of the entirety of Bertha and Frederick’s marriage and divorce:
- June 27, 1900: they married in Lynn.
- By on or about November 20, 1901, Frederick “was guilty of cruel and abusive treatment towards” Bertha. Apparently this happened on more than one occasion.
- On or about August 15, 1902, Frederick deserted Bertha and never returned.
- On February 12, 1910, Bertha signed the papers requesting the divorce and outlining the above facts. (Side note: she had a very beautiful signature!) Ironically, these papers were filed in the Essex Superior Court on Valentines Day, February 14.
- February 15: the Court ordered that the sheriff summon Frederick to appear at Court on Monday, March 7.
- February 19: the sheriff delivered the summons to Frederick at 71 Fremont Street in Somerville, Essex County [sic], MA. Bertha’s brother Edwin accompanied the sheriff to verify Frederick’s identity.
- March 7: Frederick’s attorney’s appeared in court for Frederick. This was just a simple slip of paper.
- April 6: Frederick’s March 1 answer to the divorce action (which the court called “libel”) was filed. He stated that he “admits that he was married to the libellant [Bertha] as therein alleged, and that they lived together as husband and wife at said Lynn, but denies each and every other allegation therein contained as fully as if the same were herein specifically set forth.”
- April 16: Bertha filed the request that Frederick pay for the expenses she incurred in filing the divorce “and a further sum for the maintenance and support of the Libellant during the pendency of the libel.”
- June 27 (ten years to the day after their wedding): Frederick’s attorneys filed to “withdraw our appearance for the libelle [Frederick].”
- June 30 [per the newspaper, not the divorce file]: Judge Bell issued the decree for the divorce, which at that point was no longer contested.
The following February 11, Bertha married her second husband James Spratt. I have to wonder if she delayed filing for divorce from Frederick until she knew she might want to marry again.
So was there a child that may have belonged to the other divorce that Judge Bell ruled on that day? No, there was not; but that is yet another family story for another day!
Contacting the Judicial Archives
Just a few words about contacting the Judicial Archives in Massachusetts: according to their website, many (but not all) of the court records in the archives have been microfilmed by FamilySearch. I highly recommend first navigating the FamilySearch Wiki to see if your court papers might be on file.
If they’re not on FamilySearch, gather whatever information you might have on your court case. Knowing the exact court in which the action was filed will really help, as well the exact date filings or decisions were made.
Here is the link to the Massachusetts Judicial Archives, which has links that will lead you to ask your specific question with the information that you’d gathered. I also noted that I could not find my documents on FamilySearch so the archivist would know that I did check there first.