As women had few legal rights, the divorce petition had to originate with the husband, and in almost all cases was initiated because of the wife's adultery.
Because few men wished to own they had been cuckolded, only the most furious of husbands would set themselves up for such notoriety.
For the divorce hearings—where witnesses gave testimony to prove adulterous liaisons—generated tremendous notoriety. Printings of the transcripts made bestsellers.
Few woman wished to expose themselves to such scandal. A divorced woman was barred from court and from almost all aristocratic functions. She could not obtain custody of her children, either. And if she went on to remarry (some divorce decrees forbid the wife to marry her seducer) she would be prohibited from presenting legitimate daughters from the second marriage. This happened to Lady Holland when her first husband (with her full support) divorced her so she could marry Lord Holland. (She also had to sign away her fortune to the first husband, Sir Godfrey Webster.)
Some men braved the notoriety the absorbed the expense of divorce in order to ensure they would not have to give their name to a child fathered by the wife’s lover. By English law, any child born during the marriage was the legitimate issue of the marriage and could claim titles, land, or other inheritances.
A much cheaper—and more common—option for a couple trapped in a miserable marriage was an ecclesiastical separation. The drawback to separation was the inability to remarry.—Cheryl Bolen’s latest novel, Oh What a (Wedding) Night, continues the Brazen Brides series of Regency romances.