Peniston v. Peniston

The opinion of the court is based upon the concept that divorce proceedings are purely statutory, therefore the divorce court cannot go beyond the statute in divesting the wife of the name given to her by reason of the marriage. It cites Terrell v. Terrell, Ky., 352 S.W.2d 195 (1961). There, we held that “(s)ince the (wife) *677did not seek a restoration of her former name * * the chancellor erroneously restored her former name to her, but the opinion does not indicate whether the husband had demanded that relief. Terrell refers to Rayburn v. Rayburn, 300 Ky. 209, 187 S.W.2d 804 (1945), in which…