Divorce of Eliza and Daniel Stark

In January 1837, Eliza Stark was granted a divorce from Daniel Stark, on grounds of desertion. The papers can be found in the New Haven City Superior Court Divorce Files. I scanned photocopies of LDS Microfilm 1672073 to create the above images. A transcription of the handwritten text follows:

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Eliza Stark
vs.
Daniel Stark
Superior Court Jany. ?. 1837
Petition for Divorce

Towns
Petn: grant 6th

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To the Honorable Superior Court to be holden at New Haven within and for the County of New Haven on the Fourth Tuesday of January A.D. 1837.--

The Petition of Eliza Stark, of said town and county of New Haven respectfully showeth-- that on the 28th day of April A.D. 1816, she was lawfully married to Daniel Stark, of said town of New Haven, and that from the time of said marriage she had faithfully discharged all the duties and observed the obligation of her said marriage relation to the said Daniel Stark; but the said Daniel Stark more than three years before the date of this petition--to wit--on the 1st day of January A.D. 1832, at said town of New Haven, did wilfully and without cause wholly desert the petitioner and from that time to the date of this petition has continued so to desert the petitioner and during the whole of said period has been guilty of a total neglect of duty toward the petitioner:---

And the Petitioner prays this Honorable Court to take her case into consideration and to enquire into the truth of the facts aforesaid, and on finding them true to grant her a divorce from her said husband and to declare her to be single and unmarried---or to grant other and appropriate relief in the premises---and the petitioner as in duty

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bound will ever pray. Dated at New Haven the 10th day of January A.D. 1837.
Eliza Stark



To the Sheriff of New Haven County, his deputy or either constable of the town of New Haven in said County--or--To the Sheriff of Middlesex County, his deputy or either constable of the town of Durham in said County---Greeting--

By authority of the State of Connecticut you are hereby commanded to summon Daniel Stark of said town of New Haven but now being in said town of Durham, to appear before the Superior Court to be holden at New Haven within and for the County of New Haven on the Fourth Tuesday of January A.D. 1837, then and there to answer to the foregoing petition of Eliza Stark against him, and to show reason if any he have why the prayer of said petition should not be granted.

Hereof fail not but service and return make according to law.

Dated at New Haven the 10th day of January A.D. 1837. [signature], Justice of the Peace

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Middlesex County ss Durham January 11 A.D. 1837. There I read this Petition in the hearing of the within named Daniel Stark to his aceptance.

Attest John S. Camp Constable Durham

Fees. [Some computations totaling $1.09]

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At a Superior Court held at New-Haven, in and for the County of New-Haven, on the fourth Tuesday of January A.D. 1837.
Upon the Petition of Eliza Stark of ?? New Haven shewing that on or about the 28th day of April A.D. 1816 she was lawfully married to Daniel Stark of said New Haven ?? whom she ?? to him in the performance of all the marriage duties, until on or about the first day of January A.D. 1832 when he wilfully deserted your petitioner without ??, continuing his wilful desertion until the present time furnishing no support to your petitioner.

Praying for a bill of Divorce, as by her petition on file, dated the 10th day of January A.D. 1837, more fully appears.

This Petition having been duly served, came to the present term of this Court. And now the petitioner appeared; and the respondent being called, appeared not. Whereupon, the facts stated in said petition having been proved and found true, it is ordered and decreed that the said Eliza Stark be, and she is hereby divorced from the said Daniel Stark and discharged from all the duties and covenants to him by reason of the marriage aforesaid.