My ancestor, Sarah Hawkins Clark, granddaughter of John Seiver, 1st gorvorner of Tennessee received a divorce from her husband,but then having "connections" may have pulled some weight. <smile> Some of my Cleveland kin also were able to get divorces. Benjamin Cleveland was a judge. Grounds for Divorce; Criminal Adultery Habersham County, Georgia Records; Sarah testified "that after ten years in much peace & harmony...and afterwards to wit in the year 1812, James Rutherford Wyly forgetting & disregarding his duties as a husband, commenced a course of unkind & ill treatment toward your petitioner, refusing her his countenance, support & protection; reviling & abusing your petitioner..and had criminal intercourse with other women" Cheers, Grace S. Green

Good info, Grace. Here are additional instances of pre-Revolutionary VA divorces "a mensa et thoro". For me, the question of whether or not there were divorces before the Revolution is concluded, and the answer is, there were. Ms. Katherine also has demonstrated that there were such a mensa et thoro proceedings that were not so labeled. Whether that was a device by judges to avoid the "no divorce" rule (as suggested by Brent Tarter, or instead, represents that they simply seldom used that legal term probably can not now be determined, yet the effect was surely the same. However labeled, the courts lent substantial aid to abused/neglected women. I am reminded of an Ohio court who in the 19th Century said, "Happily the law has devices to deal with cheats (abusers) of the newest invention." ***** On the subject of pre-Revolutionary War separations and divorces, I would like to add two comments- 1. While cases like the 1655 example were rarely granted, I have seen such examples elsewhere in Virginia. More commonly found are petitions to the courts by severely abused and desperate wives in fear of their lives. While divorces were not granted, these courts often agreed to grant their wishes for a permanent physical separation from their husbands. These wives either found lodging with their relatives, worked as servants for others, or worked in some lady-like employment to support themselves. Only a few judges were insensitive enough to insist that the wife return with court-appointed men to work on a reconciliation and extract "promises" from the spouse to behave better. 2. The following is another example of a couple who dissolved their marriage in June 1766 as found in Prince William County Deed Book Q, 1763-1768, pp. 404-406. The terms of the separation and handling of the properties were clearly spelled out: "...Whereas a Marriage hath been sometime past had and solemnized Between said Henry Willson and Sarah Thorn, Widow of William Thorn deceased, And Whereas Henry Willson in consideration of the said Marriage and the sums of money which he hath had and received or is to have and receive of the effects and Estate of his said Wife which she had a right to or might claim as her Thirds Dower or Childs part of hr first former Husbands Estate lands and effects or hath a Legal right or had acquired between the death of her First Husband and Intermarriage with said Henry Willson and for making a provision for his said Wife, Sarah, for her maintenance and livelihood having by mutual consent separated and parted from each other and from this time forward as much as in them doth lye do mutually absolve and Dissolve their marriage vows, Conjugal dutys, contracts, obligations and Engagements as man and wife having finally and forever Separated and parted looking upon neither as any part of the others care, charge or Family..." [Sarah also received back all the estate/effects she possessed before her marriage to Henry Willson. She also relinquished any claims on Henry Willson's estate/effects, even if she survived him.] ----- Original Message ----- From: GLSGAB@aol.com To: VA-SOUTHSIDE-L@rootsweb.com Sent: Thursday, August 11, 2005 10:09 AM Subject: [VA-SOUTHSIDE-L] Divorce in the South My ancestor, Sarah Hawkins Clark, granddaughter of John Seiver, 1st gorvorner of Tennessee received a divorce from her husband,but then having "connections" may have pulled some weight. <smile> Some of my Cleveland kin also were able to get divorces. Benjamin Cleveland was a judge. Grounds for Divorce; Criminal Adultery Habersham County, Georgia Records; Sarah testified "that after ten years in much peace & harmony...and afterwards to wit in the year 1812, James Rutherford Wyly forgetting & disregarding his duties as a husband, commenced a course of unkind & ill treatment toward your petitioner, refusing her his countenance, support & protection; reviling & abusing your petitioner..and had criminal intercourse with other women" Cheers, Grace S. Green ==== VA-SOUTHSIDE Mailing List ==== USGenWeb Archives Census Project http://www.rootsweb.com/~usgenweb/census/ ============================== Census images 1901, 1891, 1881 and 1871, plus so much more. Ancestry.com's United Kingdom & Ireland Collection. Learn more: http://www.ancestry.com/s13968/rd.ashx -- No virus found in this incoming message. Checked by AVG Anti-Virus. Version: 7.0.338 / Virus Database: 267.10.5/67 - Release Date: 8/9/2005