Cass County, N.D. Divorce Case Files

Collection

Identifier: Mss 289

Staff Only

Scope and Content

The individual divorce case files for North Dakota District Court in Cass County, N.D. are part of the Civil Case files. It was only after the transfer of the civil case files to the Institute for Regional Studies in 2001 that the divorce files were pulled and established as a separate records series. This was done to aid in the retrieval and use of these records. Neither the original book indexes nor the case file wrappings indicate the type of civil case. Inspection of the each case file‟s contents had to be done to determine which was indeed a divorce proceeding. All cases in which divorce proceedings were initiated have been pulled, whether or not the case ended in a decree of divorce. Annulments and other legal actions between a married couple were not pulled and remain part of the general civil case files.

The original numerical filing system was retained, which consists of the PH number followed by the actual case number. PH is the abbreviation for „pigeon hole‟ which was the number assigned to the drawer compartments in the clerk of court office in which the case was filed. The case number is a sequential number. The PH-Case File numbers generally are in chronological sequence. But, some cases were filed under a much higher PH number likely because of drawer compartment space consideration, and thus they are out of chronological sequence. The container listing section of this finding aid only lists the PH number.

The Divorce Case Files Series, over 3300 individual case files, span from the beginning of the administering of divorce proceedings in Cass County in 1878 through 1942. Individual files vary as to the type and number of documents and the information included. A typical file includes legal documents filed with the court, testimony, depositions, final decree and occasionally evidence such as photographs, letters and artifacts.

Researchers who may know what happened to the litigants after the divorce proceedings are encouraged to submit documents related to their later lives. This information is being filed in the individual case file as well as in a general file in box one. This information is being gathered to aid future historians and researchers that use the collection.

A database to the litigants and attorneys has been developed to aid the researcher in using these records. The database was developed by the Institute staff, using the original index ledgers and verified against the actual files. The database includes the names of the plaintiff, defendant, attorneys; inclusive years of the divorce proceedings and any supplemental information such as residence of defendant, grounds for divorce, etc. The original book indexes are maintained at the Institute. For divorce records after 1942, contact the Cass County Clerk of Court office, 211 9th Street South, Fargo, ND 58103.

Dates

1878-1942.

Creator

North Dakota. District Court (Cass County) (Organization)

Access

The collection is open under the rules and regulations of the NDSU Archives.

Copyrights

History

Although Dakota Territory was organized in 1861, it was not until the 1863-1864 session of the territorial legislature that the first law was passed regarding divorce. This law required the plaintiff to have resided in the territory for one year before initiating divorce proceedings. Grounds for divorce included adultery, impotency, conviction of a felony, cruelty, habitual drunkenness, and if “the parties could not live in peace and happiness together.” In 1866 a new civil code was passed by the legislature and was a radical departure from the earlier law. The only ground for divorce was adultery but there was no residency requirement, although the plaintiff had to be a resident of the territory. Another interesting provision was that the "innocent" party could marry again, while the guilty party could not until the death of the "innocent" party.

The new law proved too restrictive and in the 1867-1868 legislative session an entirely new law was passed, modeled on the 1866 civil code with no residency requirement. The grounds for divorce were the same as the 1864 law. This remained in effect until 1871 when a change in the habitual drunkenness clause was made to define it as five years of drunkenness. In 1877 a codification of territorial law was ordered which included the addition of a ninety-day residency requirement before proceedings could be initiated. The same law was basically used by North Dakota when it gained statehood in 1889, including the ninety-day residence. The 1899 North Dakota legislature changed the residency requirement to one year, which ended the era of people from other states coming to North Dakota to obtain a relatively quick divorce.

Because of the lenient residency requirement many individuals from others states, particularly eastern states, and even from foreign countries had traveled to Fargo to take up residency in order to obtain a divorce.

Extent

64 Linear Feet (64 linear ft.)

Language of Materials

English

Additional Description

Abstract

Individual case files to divorce proceedings held in Cass County, N.D. District Court in Fargo. Files include all legal documents, testimony, depositions, final decrees and occasionally photographs, letters and artifacts. Includes all files for initiated divorce proceedings whether the case dismissed or resulted in a decree of divorce.