Author ORCID Identifier
Document Type
Thesis
Date of Award
2026
Degree Name
Master of Arts (MA)
Department
History
First Advisor
Molly P. Rozum
Abstract
“A Loving and Faithful Wife” provides a procedural and gender-based analysis of twenty-five Dakota Territory divorce cases, from Clay County, ranging from 1867-1884. This analysis is based on an understanding of the procedural aspects of the territorial divorce court system, as well as nineteenth century gender ideologies, include the ideals of True Womanhood, and Separate Spheres. By employing a close reading method, this research analyzes the language in court filings, allegations used in complaints, and the outcome of the cases. This analysis reveals men and women used unspoken gender scripts to present their marriages to the court and attempt to receive a divorce. Court records indicate attorneys and judges also acted within these unspoken gendered scripts. Attorneys framed their arguments and tactics in terms of marital expectation and gender. Judges relied on these traditional gender roles when determining whether a divorce could be successfully granted. Additionally, judges demonstrated a distinct difference in the treatment of women compared to men in the court. Judges provided more financial support or changed procedure to ensure women maintained support or protection from specific allegations. This research provides important context to national divorce histories, and the topic of South Dakota divorce history. As South Dakota narratives focus on the presence and impact of the Sioux Falls Divorce Colony, this study centers Dakota Territory men and women placing them into the narrative and provides insight into the procedural aspects of the same court system used in the territorial days.
Subject Categories
History | Political History | United States History | Women's History
Keywords
Dakota Territory, Divorce Law, Legal, Marital Expectations, Procedure
Number of Pages
98
Publisher
University of South Dakota
Recommended Citation
Abfalter-Dial, Cassidy Amanda, "“A LOVING AND FAITHFUL WIFE”: A STUDY OF DAKOTA TERRITORY DIVORCE LAW AND MARITAL EXPECTATIONS IN THE LATE NINETEENTH CENTURY" (2026). Dissertations and Theses. 419.
https://red.library.usd.edu/diss-thesis/419