БРАЧНЕ ПАРНИЦЕ У СРБИЈИ КРАЈЕМ XIX И ПОЧЕТКОМ XX ВЕКА У СТАТИСТИЧКИМ ИЗВОРИМА
MARRIAGE LITIGATION IN SERBIA AT THE END OF THE 19th AND THE BEGINNING OF THE 20th CENTURY IN STATISTICAL SOURCES

Summary/Abstract: This study examines statistical data on marital litigation conducted before ecclesiastical courts in Serbia between 1889 and 1908, analyzing the number, outcomes and causes of divorce cases. Marriage in Serbia during this period fell under the exclusive jurisdiction of the Orthodox Church, based on the perception of marriage as a sacred and indissoluble union. Divorce was permitted only in exceptional cases, most notably adultery, which was seen as undermining the moral and religious foundation of the marriage. Church procedures emphasized reconciliation, with multiple stages of mediation before the case could proceed to judgement. Civil authorities assisted in enforcing these procedures, particularly in securing witnesses and expert testimony. Statistical data indicate that the number of divorce cases increased over the studied period, reflecting not only demographic growth but also broader social changes contributing to rising divorce demands. The majority of cases concluded with divorce, although many were resolved by compelling spouses to continue cohabitation or by temporary separation, with reconciliation remaining the ideal. Adultery was the most frequent cause of divorce, followed by abuse, criminal conviction and prolonged or unexplained absence. Women more often initiated divorce proceedings and were slightly more likely to be deemed at fault, affecting their right to remarry. Annulments, though less common, typically involved cases of bigamy, underage marriage, impotence or incurable illness. Adultery was also treated as a criminal offense, regulated under the Penal Code of 1860, reflecting the societal aim of protecting the marital order and public morality. Legal and social norms of the time assigned different responsibilities and punishments to men and women, highlighting prevailing gender hierarchies. Despite these disparities, data suggest that many adultery cases were difficult to prove, with a substantional proportion resulting in acquittals. Overall, the study highlights the complex interplay of canonical law, civil law and social norms in shaping marital litigation in Serbia at the turn of the 20th century, revealing both the persistance of traditional ideals and the practical adaptations to changing social realities.

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