DIVORCES GRANTED BY LEGISLATURE & COURTS IN KENTUCKY, 1792-1849 When Kentucky became a state, the only way to get a divorce was to secure an act of the legislature granting the divorce. Then on January 31, 1809, a law was passed giving circuit courts authority to grant divorces on certain grounds. But the Court of Appeals soon held that circuit courts had no jurisdiction except by statute. So for a period, there were two ways to obtain a divorce. One way was for both parties to ask for and to obtain a special act of the legislature. The other was for one party to sue under the 1809 statute, qualifying on the grounds listed in the statute. In some cases, the legislature referred the case to circuit court for judicial findings. When the third Kentucky constitution was written in 1849, the legislature was forbidden to grant divorces. After that, divorces were granted only by circuit courts. That is until 1972, when divorces were changed to "dissolution of marriage." If you are looking for a divorce in Kentucky from 1792 to 1849, contact the Kentucky Historical Society. If they do not have a record, it would pay to look in the circuit court clerk's records in the county in which the couple lived. Many of the wives sued their husbands for desertion and adultery. The women requested and usually were restored to all rights and privileges of unmarried woman and maiden name restored.