Legal Definitions - legislative divorce

Legislative divorce refers to the legal termination of a particular marriage that is enacted by the legislature instead of a court. This type of divorce was prevalent in Colonial American legislatures in the 18th century, where special statutes were granted. However, now only state courts have the authority to grant decrees of divorce.

For example, in 1816, the House of Burgesses of Virginia granted a divorce to Rachel Robards Jackson, the wife of then President Andrew Jackson, from a former spouse. Mrs. Jackson's untimely death was attributed to her reaction to the scandal that she had married Jackson before the divorce was procured.

The example illustrates how legislative divorce was granted in the past by the legislature instead of a court. However, now only state courts have the authority to grant decrees of divorce.