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Will and Margaret respond to an SOS from Eva about her failing marriage to Frank Evans. Typical of all three of them:
Eva's got problems, probably to some extent self-inflicted, so she looks to Will for help.
Will expects everybody to be basically reasonable, even in the heat of a bad marriage.
Margaret hopes Frank and Eva can work everything out so they'll be a happy family again.
Eva's got problems, probably to some extent self-inflicted, so she looks to Will for help.
Will expects everybody to be basically reasonable, even in the heat of a bad marriage.
Margaret hopes Frank and Eva can work everything out so they'll be a happy family again.
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Dear Eva:
We are so sorry to know you are unhappy. We want you to tell us every thing. It is pretty hard for me to give you advice, but we want to help you if we can. Don’t do anything rash. Have you said anything to Frank about separating? If so what did he say? Margaret and I went down to the library the other evening and looked up the New York divorce laws. I am enclosing the notes I made with the title and page of the book from which I copied them. I am afraid that you will be so anxious to get away that you will let Frank get the best of you - particularly by getting more than his share of the property. What you have is community property belonging to you as much as to Frank, unless I am very much mistaken; and what you earn yourself is absolutely your own.
Now don’t let him bully you. You will notice that he is required to support you. Make him do it. Don’t be afraid that he will do anything violent. He will not. It would be too expensive. You see it would give you sufficient grounds upon which to get a limited divorce and he would have to give you alimony. So stick up for your rights and remember that a beating will give you an easy way out of it. You don’t have to take much of a beating either because a little screaming would put an end to it.
Alma wrote that she and Mother were going down there on the 20th. I think Alma could manage an affair like yours to perfection. I think I will write to her and get her to see what she thinks can be done. Now don’t let this worry you because there is no use trying to keep it from her and Alma has lots of practical sense.
My dear Eva,
I wish we were near you so Will could help you. I am at sea when it comes to family troubles, of course dear, I would help you and want to help you in any way I can.
It isn’t right that you should be unhappy. I can’t imagine a separation, perhaps you will find a different way.
I am glad that Mother and Alma will be with you.
I have destroyed one letter I had written so will post this right away.
Love from both
Will and Margaret
Tuesday
We are so sorry to know you are unhappy. We want you to tell us every thing. It is pretty hard for me to give you advice, but we want to help you if we can. Don’t do anything rash. Have you said anything to Frank about separating? If so what did he say? Margaret and I went down to the library the other evening and looked up the New York divorce laws. I am enclosing the notes I made with the title and page of the book from which I copied them. I am afraid that you will be so anxious to get away that you will let Frank get the best of you - particularly by getting more than his share of the property. What you have is community property belonging to you as much as to Frank, unless I am very much mistaken; and what you earn yourself is absolutely your own.
Now don’t let him bully you. You will notice that he is required to support you. Make him do it. Don’t be afraid that he will do anything violent. He will not. It would be too expensive. You see it would give you sufficient grounds upon which to get a limited divorce and he would have to give you alimony. So stick up for your rights and remember that a beating will give you an easy way out of it. You don’t have to take much of a beating either because a little screaming would put an end to it.
Alma wrote that she and Mother were going down there on the 20th. I think Alma could manage an affair like yours to perfection. I think I will write to her and get her to see what she thinks can be done. Now don’t let this worry you because there is no use trying to keep it from her and Alma has lots of practical sense.
My dear Eva,
I wish we were near you so Will could help you. I am at sea when it comes to family troubles, of course dear, I would help you and want to help you in any way I can.
It isn’t right that you should be unhappy. I can’t imagine a separation, perhaps you will find a different way.
I am glad that Mother and Alma will be with you.
I have destroyed one letter I had written so will post this right away.
Love from both
Will and Margaret
Tuesday
TRANSCRIPT OF WILL'S NOTES ON DIVORCE
Special Reports of the Census Office
Marriage & Divorce 1867-1906
Part I
Summary Laws
Foreign Statistics
1909
Page 309
Causes
Absolute divorce
Adultery of either party
Limited divorce
1 Cruel and inhuman treatment of the plaintiff by the defendant
2 ------
3 The abandonment of the plaintiff by the defendant
4 When the wife is the plaintiff, the neglect or refusal of the defendant to provide for her.
Alimony
Temporary -
During the pendency of an action for divorce the court may in its discretion make an order requiring the husband to pay any sum or sums of money necessary to enable the wife to carry on or defend the action, or for the support and maintenance of the children of the marriage.
Permanent -
When a limited divorce is granted to a wife the court may compel the defendant to provide suitably for the support of the wife and the maintenance of the children of the marriage, as justice requires, having regard to the circumstances of the respective parties. And in such an action the court may render a judgment compelling the defendant to make such provision for the wife and children, where under the circumstances of the case, such a judgment is proper, without rendering a judgment of separation.
The above was in effect in 1887. By the act of April 16, 1904, it was provided that when an action of divorce is brought by a wife the court must, except as otherwise expressly prescribed, give such directions as justice requires for the support of the wife.
Marriage & Divorce 1867-1906
Part I
Summary Laws
Foreign Statistics
1909
Page 309
Causes
Absolute divorce
Adultery of either party
Limited divorce
1 Cruel and inhuman treatment of the plaintiff by the defendant
2 ------
3 The abandonment of the plaintiff by the defendant
4 When the wife is the plaintiff, the neglect or refusal of the defendant to provide for her.
Alimony
Temporary -
During the pendency of an action for divorce the court may in its discretion make an order requiring the husband to pay any sum or sums of money necessary to enable the wife to carry on or defend the action, or for the support and maintenance of the children of the marriage.
Permanent -
When a limited divorce is granted to a wife the court may compel the defendant to provide suitably for the support of the wife and the maintenance of the children of the marriage, as justice requires, having regard to the circumstances of the respective parties. And in such an action the court may render a judgment compelling the defendant to make such provision for the wife and children, where under the circumstances of the case, such a judgment is proper, without rendering a judgment of separation.
The above was in effect in 1887. By the act of April 16, 1904, it was provided that when an action of divorce is brought by a wife the court must, except as otherwise expressly prescribed, give such directions as justice requires for the support of the wife.
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Wow!
Now don’t let him bully you. You will notice that he is required to support you. Make him do it. Don’t be afraid that he will do anything violent. He will not. It would be too expensive.
Frank hasn’t beaten Eva, so what is it he has done? It sounds like money problems, which would fit with the only remark I ever heard Aunt Eva make about Frank, which was that he wasn’t generous with money the way Will was.
People’s-law.org says:
Limited Divorce
A limited divorce is a legal action where a couple’s separation is supervised by the court. A limited divorce does not end the marriage. A limited divorce is generally used by people who:
do not yet have grounds for absolute divorce;
need financial relief; and
are unable to settle their differences privately.
Now don’t let him bully you. You will notice that he is required to support you. Make him do it. Don’t be afraid that he will do anything violent. He will not. It would be too expensive.
Frank hasn’t beaten Eva, so what is it he has done? It sounds like money problems, which would fit with the only remark I ever heard Aunt Eva make about Frank, which was that he wasn’t generous with money the way Will was.
People’s-law.org says:
Limited Divorce
A limited divorce is a legal action where a couple’s separation is supervised by the court. A limited divorce does not end the marriage. A limited divorce is generally used by people who:
do not yet have grounds for absolute divorce;
need financial relief; and
are unable to settle their differences privately.
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LINKS TO OTHER RELEVANT PAGES IN THIS WEBSITE
DOCUMENT LISTS FOR PEOPLE:
- WILL: DOCUMENTS ----- Outgoing
- ALMA: DOCUMENTS ----- Related
- EVA: DOCUMENTS ----- Incoming
- MAMA MARGARET: DOCUMENTS ----- Related
- MARGARET: DOCUMENTS ----- Outgoing
- FRANK EVANS: DOCUMENTS ----- Related
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