Life after Divorce

In 1936, Rose Winterfeld filed for divorce from her husband, George Schoenberg, in Hudson County, New Jersey. The reason for the divorce was abandonment after only three months of marriage. She wrote that she had no knowledge of his whereabouts.

Ninety years later, could we find out what became of George, using records that may not have been available to Rose? Yes!

George Schoenberg and Rose Winterfeld married in Hoboken on December 7, 1926. He was 21 years old and resided at 175 Coles Street in Jersey City. She was 20 years old and resided at 212 Seventh Street in Hoboken.

Marriage record 1926
George Schoenberg and Rose Winterfeld

In the 1930 federal census records, Rose and George were not living together as a married couple.

Rose was enumerated in Hoboken with her mother and siblings. She was working as a stenographer for an insurance agent. Her marital status was single.

1930 federal census
Rosie Winterfeld, single, age 23
living in Hoboken with her mother, Fannie, and siblings

Like Rose, George returned to his family of origin. In 1930, he was listed in Jersey City in the household of his father, Simon Schoenberg, and step-mother, Clara Blumenfeld. Also residing here was his brother, Samuel. George's occupation was a salesman; Samuel's was "display art."

1930 federal census
George Sc[h]oenberg, age 23, single

In 1936, Rose filed for divorce from George. She wrote that George left her after only a few months of marriage and that she did not know where he was.

Divorce complaint 1936

"She was lawfully married to George Schoenberg, the defendant in this cause, on the 7th day of December, 1926, by Adolph Carsten, recorder of the City of Hoboken, at Hoboken, New Jersey."

"Defendant deserted her on or about February 1st, 1927, ever since which time and for more than two years last past, the said defendant has wilfully, continuedly and obstinately deserted her."

After being granted a divorce in February of 1937, Rose remarried to William Kaub in May.

1937 marriage record
William Kaub and Rose Winterfeld
Hoboken, New Jersey

Rose died in Florida in 1987. William Kaub died in 1961 in New Jersey.

Where was George Schoenberg, the estranged and missing first husband of Rose, when Rose sought a divorce in 1936?

George was 350 miles west in Pittsburgh with a new family.

In the 1940 federal census, George was married to Lillian Levey. They lived in Pittsburgh, Allegheny County, Pennsylvania, with their two daughters, Ronella, age 6, and Judith, age 1. The older daughter was born before George was divorced from Rose.

1940 United States Federal Census. Pittsburgh, Allegheny County, Pennsylvania.
George Schoenberg was employed as an insurance agent.

A few months later, a legal notice in the Pittsburgh Press served to notify George that Lillian had filed for divorce.

Legal Notice

To George S Schoenberg Respondent:

Take notice that the case of Lillian

Schoenberg against you for divorce a

vinculo matrimonii, at No 2146, July

Term, 1940, Common Pleas Court, Allegheny

County, Pennsylvania, will be tried at the

City-County Building, Pittsburgh, Pa,

when called, or as soon as is convenient

to said Court. I, Edward Roth, Attorney

for Libellant, 508 Grant Street, Pittsburgh, Pa.

George returned to his father's home in Jersey City, which is where he registered for the World War II draft on October 16, 1940.

Draft registration card World War II for George Schoenberg
Resided at 175 Coles Street, Jersey City, Hudson County, New Jersey
Born July 16, 1907 in New York.
Employed by A S Beck Shoe Company.

In 1945, Corporal George Schoenberg married Lelia Fritz in Atlantic City, Atlantic County, New Jersey. His occupation was salesman and he was divorced once.

1945 marriage record
Corporal George Schoenberg and Lelia Fritz, widow of Oliver Alder
Atlantic City, Atlantic County, New Jersey

Lelia and George moved to Florida. Lelia died in 1986. George Schoenberg died in 2006.

Here's the twist.

In the 1950 census in Pittsburgh, George's ex-wife and daughters were living with Sam Schoenberg- George's brother.

1950 federal census
Pittsburgh, Allegheny County, Pennsylvania
Sam Schoenberg, age 41. Lillian Shoenberg, wife, age 38.
Ronella, daughter, age 16. Judith, daughter, age 11.

In 1941, Allegheny County issued a license to marry to Samuel Schoenberg and Lillian Levey Schoenberg. Her previous husband is not named, but she clarified that she was divorced November 30, 1940. The decree was included in the images in this collection at Ancestry.

In 1951, Samuel Schoenberg and Lillian were divorced.

Divorce Proceedings

Divorces granted Thursday were:

SCHOENBERG, Lillian from Sam

In 1974 Lillian remarried to George Burkett. She died in 1979.

Samuel Schoenberg died in 1988.

George had a history of going missing. In 1910, when he was a toddler in Jersey City, he wandered off with his younger brother, Sam.

1910 newspaper article September 21, 1910 Jersey City
George, aged three, and Samuel, aged two
wandered away from the front of the grocery store-residence

Obtaining Marriage and Divorce Records in New Jersey 1949

Divorce records are an integral part of uncovering the lives of those from past generations.

While researching an ancestor, I happened upon a newspaper article detailing a divorce. The information within this record could prove highly valuable in my pursuits of the family history. The involved parties shall not be named at this point.

I requested a copy of divorce proceedings (also called dissolution of marriage) from Hudson County, New Jersey, circa 1950. Divorces from the year 1949 forward are in the custody of the Superior Court of New Jersey.

Keep in mind that divorces were not a secret in the 1950s. The tea was spilled in the local newspapers, reading like gossip columns. Below are samples in The Jersey Journal from 1950 and 1960.

I emailed the Court. Records after 1948 used to be obtained by writing to an email address within the Superior Court. The return time was usually about one week. The packet arrived via email as a digitized PDF file.

Final Judgment of Divorce, 1952
Names redacted by me as part of an ongoing project.

This time, the response explained the new procedure of registering with JEDS, the Judiciary Electronic Document System. The process was easy enough. Within days, the Court responded via email that only the parties or the attorneys could be sent copies of the file.

The parties are dead. I don't know if either party had an attorney, never mind their names. They are probably dead, too.

The Court invoked a Rule from 2009, which limits public access to certain types of documents that might be found in some modern-day divorce files.

Nevermind that I have received electronic copies of divorce records since 2009. This was the first time I was denied access to an entire file.

Nevermind that the prohibited documents likely do not exist in a divorce file from 1950.

I filed a Freedom of Information Act request. Also denied.

Paper mail response denying my request to view divorce records from 1950 under the Freedom of Information Act.

The court Rule is below:

1:38-3 Court Records Excluded from Public Access

    The following court records are excluded from public access:

        (d) Records of Family Part Proceedings

(1) Family Case Information Statements required by R. 5:5-2, notices required by R. 5:5-10 including requisite financial, custody and parenting plans, Financial Statements in Summary Support Actions required by R. 5:5-3 including all attachments, and settlement agreements incorporated into judgments or orders in dissolution and non-dissolution actions, except for parties and their counsel of record;
(2) Confidential Litigant Information Sheets pursuant to R. 5:4-2(g) and Affidavits or Certifications of Insurance Coverage pursuant to R. 5:4-2(f), except for the filing party and his or her counsel of record;
(3) Medical, psychiatric, psychological, and alcohol and drug dependency records, reports, and evaluations in matters related to child support, child custody, or parenting time determinations;
(4) Documents, records and transcripts related to proceedings and hearings required by the Supreme Court pursuant to Doe v. Poritz, 142 N.J. 1, 39 (1995), or subsequent orders of the Court;
(5) Juvenile delinquency records and reports pursuant to R. 5:19- 2 and N.J.S.A. 2A:4A-60, except for parties and their counsel of record;
(6) Records of Juvenile Conference Committees to the extent provided under R. 5:25-1(e), except for parties and their counsel of record;
(7) Expunged juvenile records pursuant to N.J.S.A. 2A:4A-62 f. and 2C:52-15;
(8) Sealed juvenile records pursuant to N.J.S.A. 2A:4A-62;
(9) Domestic violence records and reports pursuant to N.J.S.A. 2C:25-33, except for parties and their counsel of record in the underlying domestic violence matter;
(10) Names and addresses of victims or alleged victims of domestic violence or sexual offenses;
(11) Records relating to child victims of sexual assault or abuse pursuant to N.J.S.A. 2A:82-46;
(12) Records relating to Division of Child Protection and Permanency proceedings held pursuant to R. 5:12;
(13) Child custody evaluations, parenting time and visitation plans, reports, and records pursuant to R. 5:8-4, R. 5:8-5, R. 5:8B, N.J.S.A. 9:2-1, or N.J.S.A. 9:2-3;
(14) Paternity records and reports, except for the final judgments or birth certificates pursuant to N.J.S.A. 9:17-42;
(15) Records and reports relating to child placement matters pursuant to R. 5:13-8(a);
(16) Adoption records and reports pursuant to N.J.S.A. 9:3-52;
(17) Records of hearings on the welfare or status of a child, to the extent provided under R. 5:3-2;
(18) Records related to applications for Special Immigrant Juvenile Status (SIJS) predicate orders.
(19) Records of adjudications of delinquency for offenses involving marijuana or hashish sealed pursuant to N.J.S.A. 2C:52-5.2;

(20) Records relating to actions to change the name of a minor.

Adopted July 16, 2009; effective September 1, 2009.

See njcourts.gov/attorneys/rules-of-court

Under the court's interpretation of this Rule, this record is forever locked away with no recourse to view it.

In my opinion, the Rule is misinterpreted. If all family court records are prohibited from public access, why does the Rule enumerate twenty types of records that are not public? Why not stop at Records of Family Part Proceedings? None of the forbidden categories are what I need, such as the Complaint, Answer, and Final Decree.

The Court still advertises on its website that records of the Family Division are "available for public inspection." Based on their correspondence with me, this is not true.

Divorce records earlier than 1949 can be found at the State Archives in Trenton.

Microfilm of index of matrimonial actions

Microfilm of dockets of combined cases in chancery court.
Divorces are intermingled with other types of actions. 

Divorcing parties found in the docket of the Chancery Court.
This couple, Prince of Hudson County, will be discussed in an upcoming article.

While divorce records from 1949 are prohibited, the marriage records from 1949 are now available at the Archives.

Eager to view the latest public records-
1949 marriages

Microfilm rolls containing marriage certificates from 1949

Marriage record of Peter Edmond Duryea (1925-1997) and
Mary Catherine Cosgrove (1929-1997).
December 3, 1949 in Ramsey, Bergen County, New Jersey.

Marriage record of Robert Charles Duryea (1924-1998) and 
Marion DeNora (1925-1990).
July 24, 1949 in Little Falls, Passaic County, New Jersey.

These certificates are on microfilm in order by certificate number. To find a certificate number, you can view the images of the index, which are alphabetical by the bride's surname. A digital search of the index is available via Ancestry's database, New Jersey, U.S., Marriage Index, 1901-2016.

Index of marriages in New Jersey for the year 1949

The marriage records from 1949 must be obtained in person at the Archives, not via mail or online. You can try requesting a copy from the Department of Health or by having someone perform in-person research on your behalf.

If you live in New Jersey, please write to your elected legislators in the New Jersey State Senate and Assembly to advocate for ease of access to these records.

George D Russell (1913-1997)

What became of George D Russell is no longer a mystery. In 1946, he returned from service in World War II to his home in Forest Hills, Queens County, New York. I could not find him after this date- until now.

George died in 1997 and was buried in Saint Charles Cemetery in East Farmingdale, Suffolk County, New York. (As of this writing, the picture of the gravestone on the FindAGrave page is not his, but rather another person of the same name in the same cemetery. There are many men named George Russell; hence, narrowing them down is challenging.)

About five years ago, George D Russell became a person of interest in my family's history. The reasons will not be divulged at this time. See my prior posts here and here.

Among the little information I received about George was:

• He was a soldier in World War II. His Army serial number was 329 60 000.
• His last known address was 110-35 72nd Road, Forest Hills, Queens, New York.

Using these two facts, I searched for George using modern-day resources.

Limited information was available. At Fold3.com, this serial number was indeed used by George D Russell, born in 1914. He enlisted in New York City on May 24, 1943 and was married or single, depending on which extraction is viewed.

I ordered the file for this veteran. The service records for World War II were destroyed in a fire. The only surviving document, according to the National Personnel Records Center, was George's final payment voucher, which I promptly requested. No date of birth was on the voucher; but George's signature was. The address in Forest Hills was the same address I was originally provided. (The correspondence and voucher are below.)

Final Payment Voucher for George D Russell
for service in the United States Army during World War II.
(This is a poor copy that was sent to me.)

Unable to quickly find George, I made a family tree of men named George Russell and D Russell who lived in New York and New Jersey and were born around 1914.

When the draft registration cards were published on Fold3, I analyzed all and found no definite matches for the signature. No number on the draft card corresponded with the number for George of Forest Hills.

I tried other techniques, such as searching for the address in newspapers and city directories. When the 1950 census was published earlier this year, I viewed the inhabitants of this address- an apartment building by then. No Russell family.

A few weeks ago, Ancestry's shaky leaf feature signaled that records needed reviewing. The leaf suggested that George of Forest Hills was George Deforest Russell of Malone. I had looked at this George, but did not think he was a match. First, he lived in Malone, New York. This is in Franklin County, just south of the border with Canada. This is about 350 miles north of New York City. Second, the signature on his draft card did not match the signature I had on the final payment voucher.

Map showing distance in miles (350) between New York City and Malone, New York.

In light of Ancestry's leaf, I reviewed the little documentation on both men named George and found a commonality, other than the name. According to the red writing on the side of the draft card, George Deforest of Malone was discharged from the Army on January 14, 1946- the same day on the final payment voucher of George in Forest Hills.

With no other leads, I reviewed George Deforest Russell again. He was born December 4, 1913 in Malone, New York. He died in Norwalk, Fairfield County, Connecticut on November 24, 1997. According to his obituary, he lived in New Canaan, Fairfield County, Connecticut and East Hampton, Suffolk County, New York.

At some point he relocated from northern New York to the target geographical area- but when?

On November 10, 1951, George Deforest Russell married Eleonora Albina Vercelletto in Yonkers, Bronx County, New York. Older birth, marriage, and death records for New York City (Bronx is one of five counties comprising New York City) are online. 1951 is too recent as of this writing, so I ordered it from the City Clerk. (The processing time was two weeks. The cost was $15.)

Marriage License, Bronx County, New York
issued November 3, 1951.
Groom- George Deforest Russell. Bride- Eleonora Albina Vercelletto.

Marriage Certificate.
George Deforest Russell and Eleonora Albina Vercelletto
married November 10, 1951 in Yonkers, Bronx County, New York.

I had hoped to see another version of George's signature for comparison to the final payment voucher. I was disappointed that this document did not include the signatures of the bride and groom; however, I got a more important clue. George was previously married.

George was first married to Thelma Tufexis. This marriage was annulled in New York City on July 14, 1942. The action was against him for fraudulent representation. (As far as I know, New York City seals divorces and annulments for 100 years, making this record unattainable as of this writing. If anyone knows otherwise, kindly comment below.)

George Deforest Russell married Thelma Tufexis at Our Lady of Mercy Catholic Church in Forest Hills, Queens, on October 26, 1941. This marriage record is online.

Affidavit for License to Marry
Groom- George Deforest Russell. Bride- Thelma Tufexis.
Signed October 16, 1941 in Forest Hills, New York.
Downloaded from New York City Department of Records and Information Services.

This record provides George's signature, which looks like a match to the final payment voucher. More importantly- the address on this marriage record matches the voucher: 110-35 72nd Road, Forest Hills. The year of birth is off by one.

A note on Thelma Dorothy Tufexis: she was the daughter of John Tufexis of Greece and Irene Fayette. She was born in 1916 in Malone, during her mother's first marriage to William Betters. Note the witness Anna Zdyrko of Brooklyn. Thelma appears in later records as the wife of Nicholas Michael Zdyrko, though I found no marriage record for them. Thelma's first child was born in 1943.

Annie Zdyrko and Jerome Lupo-
Witnesses to the marriage of George Deforest Russell and Thelma Tufexis,
October 26, 1941 in Forest Hills, Queens, New York.

It appears that George D Russell of Forest Hills and George Deforest Russell of Malone are the same people. Perhaps George registered for the draft again when he moved from Malone to Queens around 1940 or 1941. This second number was used for his service, but somehow the first card was located and notated with the service information.

Divorce in the Newspapers

Charles Luther (1862-1919) was a brother of Herman Lutter, my great great grandfather.

I tried to uncover what I could about the life of Charles. He lived in Newark, New Jersey after arriving from Germany in the 1880s.

In 1887 he married Theresa Tornow (various spellings) (1865-1949) in Chicago, Illinois. From 1887 through 1907, the couple had at least eight children: Edith, Sophia (1892-1977), Kartha, Martha, Joan, Elsie, Karl, and Otto.

By 1900 they relocated to Wisconsin. By 1910, they relocated to Brooklyn, New York. Theresa remarried to Frederick Brink (1846-1930) in 1917 after divorcing Charles.

On February 28, 1919, Charles Luther died in Newark, Essex County New Jersey. He is buried in a plot with his ex-wife at The Evergreens Cemetery in Brooklyn.

Thank you to FindAGrave member JP Rayder for taking a picture of Charles' gravestone. Note that the date of death on the stone is April 30, 1919.

Gravestone at Evergreens Cemetery in Brooklyn, New York
Father Charles Luther
Jan 14, 1862 - Apr. 30, 1919
Mother Therese Luther Brink
June 9, 1865 - Mar 11, 1949

The Standard Union and the Brooklyn Times newspapers of Brooklyn, New York ran articles about the divorce of Charles Luther and Theresa Tornow. Their daughter, Sophia, trailed her father, finding him with another woman.

In the 1910 census, Sophia's occupation was "Artist Fashion Drawer." She lived with her parents and seven siblings at 635 Hamburg Avenue in Brooklyn. She married Ralph Baldwin in 1926 in Stamford, Fairfield County, Connecticut. The first article called her a "young artist" and that she "laid aside her artist's brush to follow her father."

Below are transcriptions of the newspaper articles. Charles was not cooperative with the divorce proceedings. Sophie gathered evidence against her father; namely, that he was with another woman.

These articles depict a dysfunctional family that could easily sound like a modern-day Lutter family (my cousins, you know what I mean).

Brooklyn Times Union (Brooklyn, New York). Thursday, July 6, 1916. Page 1.

FATHER TRAILED BY GIRL ARTIST
Miss Luther Played Sleuth Through Tenderloin.
MOTHER WANTS DIVORCE
Decision in Case Deferred by Judge Benedict.

Miss Sophie Luther, painter, testifying to-day in the suit for divorce which her mother, Mrs Grace Luther, of 214 Sumpter street, has brought against Charles Luther, related how she laid aside her artist’s brush to trail her father through the lower Tenderloin in Manhattan to investigate rumors about him, finally securing at a hotel on Twenty-third street the evidence she used against him.
Rumors often came to us concerning our father,” testified Miss Luther, who is 24, and one of eight children. “But we seldom found anything tangible. Of course, it caused a great deal of unhappiness. I therefore hired a detective and once followed father to Fourteenth street, but I lost him there. I did not secure the evidence I was seeking until last April 29.
In reply to questions from Supreme Court Justice Benedict, Miss Luther said that she has a studio at 303 Fifth avenue, Manhattan, and has realized a substantial income thus far this year.
The Luthers were married in Chicago twenty-nine years ago. Luther now lives at 376 Marion street. Of their eight children, all but a married daughter live with the mother. One daughter is a designer and another a school teacher.
Samuel Kaplan, who said he owns the hotel on East Twenty-third street, referred to by Miss Luther in her evidence, aroused Justice Benedict’s ire by saying the hotel register sheets of the day in question had been destroyed by water.
“His testimony is worthless,” said the Court.
Karl F White, of 191 Flatbush avenue, testified that, in company with Miss Luther, he had served the summons and complaint in the action on Luther. Then he admitted he went back days after to have Luther pointed out to him by an Italian.
“Why was that?” asked Justice Benedict.
“I wanted to be sure,” replied White.
“But you have already sworn to having served this man.”
“I wanted to play safe,” replied White.
“Mr Luther must be brought here to be identified,” said the Justice. “I’ll set the matter over until July 12.”

The Standard Union (Brooklyn, New York). Wednesday, July 6, 1916. Page 1.

DAUGHTER TRAILS FATHER FOR DIVORCE EVIDENCE
Miss Luther Tells of Visits to Tenderloin, Where Parent Frequented Cafes.

How she laid aside her artist’s brush to follow her father through the lower Tenderloin in Manhattan was related by Miss Sophia Luther to Supreme Court Justice Benedict to-day. The young woman, who is about 24 years old, was testifying for her mother, Mrs Grace Luther, of 214 Sumpter street, who married Charles Luther twenty-nine years ago in Chicago and is now seeking a divorce.
Luther, according to his wife and daughter, left their home two years ago. He now lives at 376 Marion street. There are eight children. All except one daughter, who is married, live with the mother.
“Rumors often came to us concerning our father,” testified the young artist, “but we seldom found anything tangible. Of course, it caused a great deal of unhappiness. Often my father boasted of what he had done. I therefore hired a detective and once followed father to Fourteenth street, but lost him there.
“Other nights when I thought he’d go out, I’d watch his house. One time, I followed him and another man to Fourteenth street and watched them.
The girl however, did not secure the evidence she desired until April 29.
The case was [illegible] over until July 12.

Brooklyn Times Union (Brooklyn, New York). Wednesday, July 12, 1916. Page 1.

LUTHER ELUDES FAMILY PURSUIT

Judge Refuses Wife Divorce Till He Appears.
FLEES FROM ALIMONY
Sophia, Daughter Sleuth, Finds His Shop to Let.

That the fear of being taxed with alimony in the suit for divorce brought by his wife, Mrs Theresa Luther, of 214 Sumpter street, has caused Charles Luther to close his carpenter shop at 376 Marion street, to evade being summoned to court for the purpose of identification, was revealed to-day when the trial of the action was resumed before Justice Benedict in the Supreme Court.
Miss Sophia Luther, painter, who has a studio at 303 Fifth avenue, Manhattan, testified that she had tried since Wednesday but could not locate him. His shop is “To Let.”
Nevertheless, Justice Benedict said he must have Luther brought to court to be identified in person, although a photograph of his was identified and introduced into evidence. He will defer decision in the case until F H Gerrodette, attorney for Mrs Luther, produces the missing defendant. The case was postponed without date, and the lawyer can produce the missing man whenever he locates him, Justice Benedict said.
Further light was thrown on the alleged excursions of Luther into the lower Tenderloin in Manhattan. Miss Sophia Luther, the artist, testified that on the night of April 28 last, accompanied by Jacob G Hamburger, a detective, she trailed her father from his place of business to the Hotel Hudsonia, on East Twenty-third street, Manhattan. Her father, another man and two women entered the place at 12:20 AM on April 29, she said, and they left at about 2 AM.
“Well,” asked Justice Benedict, “weren’t you afraid your father might see you?”
“I did not care about that,” replied Miss Luther. “I wanted to see him.”
Detective Hamburger, employed at the Hotel Bossert, corroborated Miss Luther’s testimony. He said that when Luther and the party of three entered the Hotel Hudsonia, he followed them into the place.
“I saw Mr Luther sign the register,” said Hamburger. “He wrote, ‘Mr Luther and wife, of Brooklyn, NY,’ and I wrote my name right under his signature.”
“How could you see what he wrote?” asked Justice Benedict.
“I was standing right next to him, as I was the next one waiting to register.”
“Where was Miss Luther all this time?”
“She was waiting outside. I left her outside the hotel when I followed the party into the hotel.”
Miss Martha Luther, another daughter, also testified. She said her father, when asked where he had been when he did not come at night, “merely laughed, shrugged his shoulders and said he had been out all night with another woman.”

 

The Standard Union (Brooklyn, New York). Wednesday, July 12, 1916. Page 5.

LUTHER FAILS TO APPEAR IN COURT

Charles Luther, a carpenter, of 376 Marion street, who is being sued for divorce by his wife, Theresa, of 214 Sumpter street, did not appear in court to-day as Supreme Court Justice Benedict ordered he should.
Testimony against Luther was given last Wednesday by his daughter, Sophia. Luther made no defense. Justice Benedict directed his appearance to-day.
Miss Luther said she made efforts since last Wednesday to see her father, but found it futile. There is a “To Let” sign over his shop, she said.
Justice Benedict said a decree cannot be given Mrs Luther until her husband is properly identified in court.