A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
[188] As early as 1800 separate maintenance is secured to the
wife in certain cases. It is enacted "that any court of quarter
sessions or district court, shall be vested with jurisdiction
to hear and determine applications from wives against their
husbands for alimony, in cases where the husband has, or may
hereafter desert or abandon his wife for the space of one year
successively, or where he lives in open avowed adultery with
another woman for the space of six months, and in cases of cruel,
inhuman, and barbarous treatment."--_Digest of the Stat. Laws
of Ky._ (1834), I, 121. Such cruel treatment warrants alimony
even when life is not endangered: 2 J. J. MARSHALL, 324; but not
divorce: _ibid._, 322.
"Before the passage of the above act, the chancellor had power
to grant alimony, and since the statute it may be decreed in
cases not embraced by it."--_Digest_ (1834), I, 121, note.
"After a decree for alimony, the power of the husband over the
wife shall cease;" and she may use such alimony, and acquire and
dispose of any property, "without being subject to the control,
molestation, or hindrance" of the husband, as if she were a _feme
sole_: _ibid._, I, 122. The two kinds of common-law divorce,
in canonical sense, were originally recognized in Kentucky:
HUMPHREY, _Compendium of the Common Law in Force in Ky._ (1822),
135.
[189] LITTELL, _Statute Law of Kentucky_ (1814), IV, 19, 20.
[190] Act of Feb. 8, 1812: LITTELL, _loc. cit._, 407 ff. In case
of divorce, the wife may not marry again within one year (409).
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