It had a plot that couldn't possibly have been made under the strict enforcement of the film production code beginning in mid-1934. During the so-called 'Pre-Code' era, however, MGM's April 1930 "The Divorcee" was not only produced and released nationwide, but it became an enormous hit with both the public and the film critics. Based on the controversial bestselling 1929 novel by Ursula Parrott, 'Ex-Wife,' "The Divorcee" focuses on a couple whose husband has a fling three years into their marriage. Once she finds out, the wife decides the settle the score by having an affair herself. That sends the pair's marriage down a rocky slope.
"The Divorcee" shows Ted's (Chester Morris) wife Jerry(Norma Shearer), enjoying her extra-marital frolicks with a number of men after she separates from her husband, starting with their pal Don (Robert Montgomery). Under the new Production Code after 1934, Jerry would be required to feel painfully remorseful from her enjoying her new 'boyfriends.' But here, she doesn't harbor any deep regrets from her numerous romps. There may be a shallowness in her feelings, but she suffers no repercussions. MGM, worried about the potential backlash if word got out the studio was adapting the 'Ex-Wife' novel into a feature film, gave the production the working title 'The High Road.' MGM avoided any mention of the book's title in the movie's credits, simply stating "Based on a novel by Ursula Parrott."
Actress Joan Crawford was MGM producer Irving Thalberg's pick to play the role of Jerry when the studio bought the rights to Parrott's novel. However, Norma Shearer, Thalberg's wife, was immensely interested in the part. She was looking for a juicy role to break the public perception she was just a goodie-two-shoes. Thalberg nixed her from even thinking about playing Jerry. Determined, Shearer arranged a photography session where she dressed in a sheer lingerie posing provocatively. When Thalberg saw the photos of his wife, after he put his eyeballs back into their sockets, he agreed she could convincingly carry the role of an adulteress. The press heard about the behind the scenes drama and asked Crawford for a statement on Thalberg's decision. "What do you expect?" she said. "She sleeps with the boss."
Typical of "The Divorce's" positive reviews was this from Photoplay: "As neat an essay on marital unfaithfulness as has been made in Hollywood. It sets Norma Shearer at the very top of the acting class. You won't forget this picture, and you'll undoubtedly go home and have a good long talk with your spouse." Shearer's role as the get-even spouse won her the Academy Awards' Best Actress. The movie's director, Robert Leonard, a veteran of helming pictures since 1913, was nominated for Best Director. "The Divorcee" was also nominated for Best Picture (Outstanding Production) and John Meehan for Best Writing.
