Asheville Genealogy column: How to search for divorce records – Asheville Citizen

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Interestingly, there is a record of a divorce granted to a woman in what is now Jackson County in the early 1800s. Elizabeth Cockerham Starnes sought a divorce from her husband John Starnes on the grounds of extreme cruelty.

From the records, John appears to have been insanely jealous and suspicious of any action on Elizabeth’s part, accusing her of inappropriate actions with any male with whom she came in contact.

The petition for the divorce that was sent to the General Assembly contained the signatures of almost all of the prominent men in the area at the time. In addition, Elizabeth’s father was a man of considerable influence in the community. She was granted the divorce.

The N.C. Genealogical Society published a list of all the divorces granted by the General Assembly. This list covered several issues. Volunteers at the Old Buncombe Genealogical Society have abstracted the names of the parties involved and date of the issue that contained their divorce details and placed this list on the library shelves for researchers.

Some counties have a record of the maiden names of divorced women. These are usually housed in the archives and may be found in the original volumes and/or on microfilm.

Researchers should consult the list of records on an individual county basis to determine which form, if any, is available for the county in question.

Between 1814 and 1835, the N.C. General Assembly moved toward keeping the divorces in the county courts, so a divorce during this time may be in either source. After 1835, all divorces were handled by the county courts.

One interesting note: There was an inordinately large number of divorces immediately following the Civil War. Most of these involved the accusation by the husband of infidelity on the part of the wife, usually while he was away during the war. (These make for rather sensational reading!)

While some of these accusations were undoubtedly true, it appears to us that for some couples, this was simply a way to end a marriage that one or both parties wanted terminated.

We must also consider the fact that many of these men had experienced trauma during the war that changed their lives (and in some cases, mental health) forever, and realize that this could also be a contributing factor.