I neglected to cite the source for the info I sent re divorce in Colonial VA.  It is at
http://www.genfiles.com/legal/womensrights.htm 
  ----- Original Message ----- 
  From: Paul Drake 
  To: [log in to unmask] ; [log in to unmask] ; [log in to unmask] ; [log in to unmask] 
  Sent: Wednesday, August 10, 2005 1:49 PM
  Subject: divorce in Colonial VA 


  It appears that I was in error in suggesting that colonial VA courts had the
  authority to grant divorces from bed and board (a mensa et thoro).  Sorry
  'bout that.

  The following would appear to adequately summarize the true state of the
  matter in early VA.  So, unless we hear differently from Mr. Gill or another
  of you who has familiarity with the matter, we should presume that the
  courts did NOT have the power to recognize such divorces "from bed and
  board."   Paul

  "England, the source of legal tradition in the colonies, was essentially a
  divorce-free society which didn't have a judicial process for divorce until
  1857.  The colonies, especially in the south, adhered to that tradition.
  Prior to the Revolution and for many years thereafter, the southern colonies
  had no process for granting a divorce.  The only means of obtaining one was
  to induce the legislature to pass a private bill granting a divorce,
  something that rarely occurred.  A few petitions were submitted to
  legislatures, but colonial assemblies limited their consideration to
  "divorces from bed and board" (a mensa et thoro) which did not permit
  remarriage.  The only other practical options available to an unhappy couple
  were adultery or desertion.

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