James & Elizabeth Luxford: America's Very First Divorce (1639)
America's first divorce. The punishment? Ears cut off and banishment.
Key Facts
What Happened
The first recorded divorce in what would become the United States took place on December 3, 1639, in the Massachusetts Bay Colony. James Luxford had married Elizabeth in the colony, but a devastating truth emerged: James was already married to another woman back in England. The revelation of his bigamy — maintaining two wives simultaneously across the Atlantic Ocean — was brought before the Court of Assistants of the Massachusetts Bay Colony.
The Puritans of Massachusetts, contrary to their reputation for strict social control, were actually relatively progressive about divorce compared to England. While the Church of England considered marriage indissoluble (only Parliament could grant a divorce in England), the Puritans viewed marriage as a civil contract that could be dissolved under certain conditions. Grounds for divorce in the Massachusetts Bay Colony included adultery, desertion, bigamy, and cruelty. This legal framework was revolutionary for its time.
The Court's judgment was swift and severe. Elizabeth Luxford was granted a divorce — the first in American colonial history. All of James's property was forfeited to Elizabeth. But the punishment did not stop there. James was fined 160 pounds (an enormous sum), placed in the stocks for public humiliation, and later found guilty of additional offenses including forgery and lying. His ultimate sentence was a public whipping, having his ears cut off, and permanent banishment from the colony.
The Luxford divorce established several precedents that echo through American family law to this day: that marriage is a civil contract subject to dissolution by civil authority; that bigamy constitutes automatic grounds for divorce; that the innocent spouse should be made financially whole; and that deception in entering a marriage carries severe consequences. Nearly four centuries later, these principles remain foundational to American divorce law.
Legal Breakdown: Bigamy has always been taken seriously — and punished severely
Marriage as Civil Contract
The Puritan view of marriage as a civil contract — dissolvable by civil authority — was revolutionary. In England, only Parliament could grant a divorce. The Massachusetts Bay Colony's willingness to dissolve marriages through its courts established the foundation for American divorce law. Today, all 50 states treat marriage as a civil contract subject to dissolution through the court system.
Bigamy as Automatic Grounds for Divorce
Bigamy was one of the clearest grounds for divorce in colonial Massachusetts, and it remains a crime in all 50 U.S. states today. A marriage entered into while a prior marriage is still valid is void or voidable in most jurisdictions. The innocent spouse is typically entitled to annulment or divorce with favorable terms.
Financial Restitution for the Innocent Spouse
The court's decision to award all of James's property to Elizabeth established the principle that an innocent spouse should be made financially whole. Modern divorce law continues this principle through equitable distribution, alimony, and provisions for damages in cases involving fraud or misrepresentation.
What This Means for Your Divorce
- →Always verify your spouse's legal history — bigamy remains a crime in all 50 states
- →If you discover your marriage is not legally valid, you have rights to annulment and financial recovery
- →Marriage fraud can carry both civil and criminal consequences
- →American divorce law has protected innocent spouses since literally the very first case
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This article is based on publicly available court records, news reports, and legal analysis. It is provided for educational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.
Divorce laws vary by jurisdiction. Always consult a licensed attorney in your area before making legal decisions.