For most of history, divorce was very difficult for women to obtain, especially compared to men. Laws and social norms heavily favored the husband in divorce proceedings. However, there were some exceptions throughout history where women did have more access to divorce. The evolution of women’s divorce rights is complex and varied across different cultures and time periods.
Ancient History
In ancient Mesopotamia, divorce laws tended to favor men, but women did have some limited divorce rights. The Code of Hammurabi from around 1754 BCE allowed women to divorce in cases of neglect or abuse. But women did not have equal rights to divorce.
In ancient Egypt, both men and women could initiate divorce. Some marriage contracts specified conditions under which the wife could divorce, like if the husband took a second wife. But men still held more power in divorce.
In ancient Greece and Rome, divorce was permitted but socially discouraged. Men held primary power in initiating divorce. But there were some exceptions that allowed women greater freedom to divorce:
- Paul the Apostle said a Christian woman could divorce a non-Christian husband.
- The dowry system gave women more leverage in ending a marriage.
- Adultery laws were applied equally to both genders.
Middle Ages
During the Middle Ages in Europe, divorce was very difficult for both men and women to get. The Catholic Church banned divorce, except in extreme circumstances. Marriages could be annulled, but this required a lengthy petition process. Secular laws also made divorce difficult.
There were a few exceptions that allowed women to seek divorce more easily than men:
- In medieval Russia, a law allowed women to divorce for their husband’s impotence.
- Spanish Muslims permitted women to divorce if the husband could not provide financially.
- France allowed divorce if the husband committed sodomy.
But overall, medieval divorce laws still strongly favored husbands.
Renaissance and Reformation
During the Renaissance and Reformation, divorce laws gradually became more accessible. The Protestant Reformation permitted divorce in cases like adultery, desertion, and impotence. Some Protestant regions like Switzerland and England allowed both husbands and wives to file for divorce.
However, husbands still had more advantage in divorce proceedings. For example, in England, a husband could divorce his wife for adultery alone, while a wife had to prove additional offenses like cruelty or incest. Social attitudes continued to view divorce initiated by women more negatively.
Enlightenment Period
During the 1700s Enlightenment period, divorce laws continued to slowly liberalize. Women’s rights advocates like Mary Wollstonecraft called for more equal divorce rights. A few important developments occurred:
- In the American colonies and French Revolution, laws started allowing divorce by “mutual consent.” This was less discriminatory toward women.
- Civil divorce outside of religious law became more common across Europe.
- The US state of Pennsylvania passed a law in 1785 allowing women to initiate divorce on grounds of desertion or cruelty.
But divorce was still quite difficult and husbands maintained legal advantage in many places.
19th and 20th Century
In the 19th century, the women’s rights movement pushed strongly for divorce law reform. Key developments included:
- The Married Women’s Property Acts gave women more economic independence in seeking divorce.
- The 1857 Matrimonial Causes Act in England allowed civil divorce courts to dissolve marriages.
- In the 1870s, US courts ruled that divorce was a state rather than church matter, making divorce more accessible.
By the early 20th century, many countries passed new laws giving women equal rights to divorce. Grounds like cruelty and desertion became widely accepted. Key turning points included:
- In France, a law passed in 1884 allowed women to divorce unfaithful husbands.
- Norway in 1909 granted women the specific right to file for divorce.
- The 1937 Matrimonial Causes Act in England finally gave women equal divorce rights to men.
In the US, every state had established gender-neutral divorce laws by the 1950s. The liberalization of divorce continued in the second half of the 20th century in much of the Western world.
Conclusion
In summary, women have historically faced great challenges in obtaining divorce compared to men. But there were some pioneering exceptions throughout history that set precedents. The first laws expressly granting women equal rights to divorce men were not passed until the late 19th and early 20th centuries. The evolution was gradual and remains ongoing in much of the world today.