Gesher Galicia SIG #Galicia NYC (Bronx) Court Records - Divorce Complaint - further research #galicia
Pamela Weisberger
Richard Stower writes about an interesting divorce and desertion case
in NYC (family originally >from Galicia): "My grandmother, Rose KANNER (b. Dabrowa Tarnowska) married Jacob (Jack) GROSS (b. Chortkov) in NYC. Soon after my mother was born my grandfather abandoned the family. In the early 1950s it was found that my grandfather had married Katie ROSENBERG in the late 1940s without having divorced my grandmother. The family memory is that my grandfather was arrested for bigamy and spent time in Rikers Island. In 1953 my grandmother sued for divorce, which was granted. I have the Final Judgement in the case but I would like to get access to the original complaint. Does anyone have a suggestion as to how to get the complaint? Also, any ideas to get access to the court and/or prison records regarding the bigamy charge against my grandfather? Finally, in the divorce decree there is a provision that "it shall not be lawful for the defendant [my grandfather] to marry any person other than the plaintiff [my grandmother] during the lifetime of the plaintiff, except by express permission of the Court." Is this common in a divorce?" And... "Following a suggestion, I emailed Mark Nusebaum, Records Manager of the Office of the Bronx County Clerk with my request for the divorce complaint regarding my grandparents. Fortunately I had in my possession the final judgement of the divorce which nullified the restriction of records of a divorce within a hundred years. Had not Mr. Nusebaum taken yesterday off, I would have had the complaint emailed to me within 24 hours of my request rather than the 45 hours it took! Amazing." Congratulations on getting a copy of the court records. Divorce cases can be among the most fascinating and insightful documents for genealogists because of what is discussed within the case records. Two more thoughts on continued research since your grandfather deserted the family. You might want to check out the records of the "National Desertion Bureau" (NDB) at the Yivo Institute: http://www.yivoarchives.org/index.php?p=collections/controlcard&id=32686 This agency was organized in 1905 and gave assistance to Jewish immigrant women who had been deserted by their husbands. The name was later changed to Family Location Service. They have about 20,000 case files with index cards arranged alphabetically. It was through this service that husbands who left their families and traveled to other states, marrying other women and having other children, were eventually tracked down. Without their services most of these men would not be found. I think the records are kept off-site, and you may have to prove your relationship to the person in question, but contacting Yivo should offer more information. Yivo's home page: http://yivo.org As for "absolute divorce" which meant the party to blame in the divorce (adultery, desertion, etc.) was not allowed to marry during the lifetime of the wronged party. This rather archaic law was in force until the 1960s I believe. Remember all those Reno, Nevada and Mexican divorces people used to get? That's why. Couples who mutually wanted to get divorced either went out of state or used setups where the husband agreed to be photographed with a woman to justify the adultery claim, even when it didn't exist. (I have at least one first-hand account of this happening in the 1940s. I'm sure there were lawyers who arranged these "staged" events so couples in agreement could move on quickly with their lives.) More on NYC divorces here: http://www.brandeslaw.com/grounds_for_divorce/history.htm To bring more human interest to your story, try searching in historical newspapers for stories about your grandfather. You never know what might pop up. Also, the Jewish Daily Forward (in cooperation with the NDB) carried a regular item called "The Gallery of the Missing Husband" (with photos!) to assist the great number of abandoned wives writing to the paper. This column began in 1911. Because The Forward is in Yiddish, the research is more challenging, but if you know the date of an event (perhaps memorialized in the divorce papers) you might have success. I found a relative married in NYC 1892 who accused his wife of adultery and was divorced, then remarried a widow, then divorce #1 was overturned by a NY judge the following year (making him a bigamist by default) followed by an altercation with wife #2 in Chicago over money, followed by another divorce on the grounds of cruelty in Denver, before returning to wife #1 and moving to Little Rock. Without the newspaper article I never would have known about the Chicago altercation and the Denver divorce. Pamela Weisberger Santa Monica, CA pweisberger@gmail.com
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