Kentucky Law and Legislation

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Kentucky

Law and Legislation

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Vital Records

Births and Deaths:

• 1852-1862 Registration was assigned to the [county] tax assessors who recorded events submitted by clergy, midwives, or doctors in attendance, as well as the head of household. Compliance with the law was minimal, and often incomplete or inaccurate
• 1874-1878 Records were kept intermittently through 1878
• 1891-1910 A few counties kept scattered records
• 1910-present High compliance by 1920

Divorce Laws

• See Kentucky Divorce Records for more resources.

Kentucky Divorce Procedure through the Years

• Before 1809 Only the Kentucky General Assembly could grant divorces
• 1809-1849 County circuit courts; if approved, the Kentucky legislature would act on the petition

• January 31, 1809, the general assembly gave circuit courts authority on certain grounds

• The spouse filed in the county where the couple lived. The offending party could not file for the divorce
• A man could divorce his wife in three situations:

• if she voluntarily left his bed and board for three years
• If she lived in adultery with one or more men
• If she committed a felony

• woman had similar rights and had an additional circumstance:

• If the husband was endangering her life. However, she usually had to endure a severe beating before the courts would agree he was endangering her life

• 1850-present Circuit Courts, Kentucky legislature no longer involved

Google's AI Overview
Kentucky divorce laws have changed over the years, from special acts from the legislature to circuit court grants to current laws on separation and child custody.
Early Divorce laws:

• Before 1849, Kentucky residents could get a divorce by asking the legislature for a special act or by suing under an 1809 statute
• In 1849, the third Kentucky constitution prohibited the legislature from granting divorces
• Circuit courts then granted divorces

Current Divorce Laws

• To get a divorce in Kentucky, a couple must be legally separated for at least one year
• Both spouses must agree to the separation process
• Kentucky law assumes joint custody and equal parenting time is best for the child
• Kentucky follows an equitable distribution system for marital property
• Permanent alimony is rare and is only awarded in certain circumstances