Treasure Chest Thursday: Emile and Emma Petit Separate

Last week's document regarding Emma (Schafer) Petit was an insurance policy dated May 2, 1901.  The third document I have jumps ahead five and a half years to November 1906.  Technically, this could be considered a document about Emile Petit, her husband, but she is mentioned in it, and it seems to be more relevant to her.  The document is on a legal-sized (8 1/2" x 14") piece of lightweight watermarked bond paper.  It does not have a title.  An embossed notary seal is at the bottom of the page.

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KNOW ALL MEN BY THESE PRESENTS:

That I, Emil Petit of the City of Vallejo, Solano County California, for and in consideration of the sum of Five Hundred ( $500 ) Dollars, lawful money of the United States of America, to me in hand paid this 19 day of November, 1906, by my Wife, Emma Petit of Vallejo, California, the receipt whereof is hereby acknowledged, do hereby covenant and agree with my said wife, that I will from now, henceforth and forever hold her free from any and all obligations to me, either pecuniary or otherwise, and that I will depart from the said City of Vallejo and take up a permanent residence apart from her, my said wife, and will never again intrude upon her presence, and that I will not incur any debts or obligations that can in any manner be chargeable to her account, and I do hereby absolve her from any all liability for any debts or obligations which may hereafter be incurred by me from this date henceforth.

Emile Petit

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State of California.
                                 )-ss
  County of Solano.

On this 19 day of November in the year one thousand nine hundred and six, before me, W. T. KELLEY, a Notary Public in and for the County of Solano, personally appeared Emil Petit known to me to be the person whose name is subscribed to the within instrument, and he duly acknowledged to me that he executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal at my office in the County of Solano, the day and year in this certificate first above written.

                                                                                   W. T. Kelley

                                                                                                            NOTARY PUBLIC

                                                                                                        In and for the County of Solano, State of California

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We already knew from Emma's handwritten narrative that she had divorced Emile Petit, so this official statement that they are separating their financial responsibilities is not surprising in and of itself.  I have seen similar items in newspapers, where one half of a married couple announces publicly that he (or she) is no longer responsible for the debts and obligations of another.  This is the first time I've seen a stand-alone document that accomplishes the same, and this one is even notarized.  (I'm sure there's a name for this type of document, but I don't know what it is.  If you do, please post a comment!)  Emma was serious about getting her deadbeat alcholic husband out of her life, even being willing to pay $500 to accomplish it.

The way it's phrased in the next to last paragraph, it sounds as though Emile signed the document not in the presence of the notary, even though all the handwritten parts (except for Emile's signature) seem to be in the same handwriting as the notary's signature (keeping mind, of course, that I am most decidedly not qualified as a document examiner, although I do know one).  Maybe it's a standard phrasing that was used at that time?  Nowadays, I'm accustomed to the notary's section saying that the document was signed in the presence of the notary.

I'm used to seeing different spellings of names, but I noticed here that Emile's name is spelled in the document without the final "e" both times, even though Emile signed with the e.  At least he knew how to spell his name.

Emma wrote in her narrative that Emile liked to gamble and drink when he had money.  How long did it take him to go through this $500?

If Emile had visitation rights to see the children, I guess a third party had to help, as Emile said he wasn't going to see Emma anymore.

When Emma took out her insurance policy she was living in Vallejo.  She was still living there in 1906 when this document was signed.

Skeletons in the Closet: Divorce

This is the first of what will be an occasional series of posts. The idea behind this series is to discuss subjects which are often denied, covered up, or in some way obfuscated when relatives talk about family history.  When information is hidden, family history research becomes more difficult and can be derailed.  I'm starting with divorce because it's somewhat less volatile than some of the other topics.

It can be difficult for many people in our modern world to understand why divorce might be such a touchy subject in one's family history, but for previous generations divorce was a much more significant event.  Approaching the situation with gravity was even part of the legal procedure.  A couple did not simply get divorced.  Cause had to be shown, and then an interlocutory decree would be issued.  The divorce would be finalized a year later, and then only after one of the parties followed through.  That intervening year was to allow the couple to really, really, make sure they wanted to go through with the divorce.

Because of the social stigma attached to being divorced, women in particular did not want to admit to it.  A lot of "widows" in the census were actually divorcées.

Some of the trepidation about divorce is a holdover from Catholicism, which still does not permit divorce.  The most that Catholicism allows is legal separation, which, in all ways but the final dissolution of the marriage, is just like a divorce.  Paperwork is drawn up, assets are divided, child custody is accounted for -- the same things you see in a divorce.  Legally, however, the couple is still married.  Most other religions allow divorce through some mechanism.

Apparently my family was very "forward thinking" regarding divorce.  My grandmother was divorced in the early 1920's -- I wonder if it caused scandal in the family!  My grandfather divorced for the first time in the mid-1950's, when it still was not a common occurrence.  (Before that happened, he and my grandmother were together and my father was born.  That, however, is a different kind of skeleton in the closet, a discussion for another day.)  One time I sat down and counted and came up with twenty divorces through four generations of one branch of my family.

From a family history perspective, a divorce can provide incredibly helpful information.  I have not yet found a divorce file that did not include the date and location of the marriage.  If you have not found that through other research, obtaining the divorce paperwork can give you a lead.  If the couple had children, their names and birthdates are usually included, particularly if the children are minors.  There may be a full inventory of the couple's assets and property, which can give you an idea of their economic status.  The file may also include addresses of the two parties if legal paperwork was served to them.

Divorce is a civil matter and the records are usually not found in the same department as birth, marriage, and death records.  They are usually available at the county level in the U.S.  Some divorce indices are linked from the German Roots site.  You can also use your favorite search engine with the county name (and state, in case more than one county has that name) and the words divorce records.  (Make sure you find a county site and not a for-profit third party.)  For example, I searched for "okaloosa county divorce records" (not in quotation marks) and found the Okaloosa County Clerk of Court site (which I discovered has scanned images online!).  If the county does not have images or a searchable index online, there will be information on how to request a search and how to order records.

Even though divorce is more commonplace in today's society, it still causes great emotional effects to all parties involved.  If you are researching a divorce in your family and you talk to family members about it, keep people's feelings in mind and be diplomatic and gentle in your discussions.