Chapter 6 Postscript: From A Legal Perspective

I consulted with local counsel for interpretation of the legal documents thus far. I wanted to share her insights with you. I believe her legal and historical information will clarify a great deal for us. It will give us a broader perspective of what was actually happening when you are reading the context of the legal documents.

 The following are her legal perspectives:

1. Oklahoma law at the time of filing for the divorce required a statement of fault called a "ground for divorce" by the filing party.  Oklahoma at that time did not have a "no-fault" provision as we do today. What frequently happened when a person wanted a divorce was a tragedy. Much deception occurred in the petitions to obtain a divorce. It was a common practice. The statements Grover Sr.  made were actually the kindest available under law during that era. Many times unfound allegations of adultry or insanity were used. Domestic violence wasn't even considered an appropriate ground (reason) for the era.                                                                                                                                                                                                 Since Myrtle was incompetent she did not have the legal ability to file for divorce even if she wished to do so.  Grover Sr. as the filing party had to have a ground.  Since he was plaintiff he could not use the reason of his infidelity because adultry was punishable. Also your historical detailing indicates he was a bigamist which was also a punishable crime. So, it would be unfair to view Grover Sr.'s actions based on Oklahoma law today as cruel for that era. Not that I am defending any of his actions. Just explaining the viewpoint of Oklahoma law for the period the divorce was filed within. 
2. The divorce was effective the moment the Judge signed the Decree/Order. The 6 month period referred to another marriage not be considered valid until 6 months from the date of the decree/order of divorce being granted. It is odd wording for the era, but this is an accurate translation of the language used from the legal perspective. 
3. An incompetent (then known as insane) person had very few legal rights.  It was not uncommon for husbands to have wives placed under guardianships to be "rid" of them. 

Again, my counsel said "we need to  remember the era". When Grover and Myrtle were married in 1915, women were basically property of their husbands and women's rights were a new thing. She pointed out that the right to vote was not formally amended until August 18, 1920.

The information she shared is sad and unfair, but it is the truth. The facts and truth of history are not always what we want to hear, but it is what it is - the truth.