Section 30-2-1 Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties. (a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled “In re the marriage of _____ and _____,” for the causes following: (1) In favor of either party, when […]
Section 30-2-10 Sixty-day restriction on remarriage of parties after grant of divorce or pending appeal of divorce. When a judgment has been entered granting a divorce in this state, the court shall order that neither party shall again marry, except to each other, until 60 days after the judgment is entered, and that if an […]
Section 30-2-11 Wife may be enjoined from use of given name or initials of divorced husband. After divorce from the bonds of matrimony and within the discretion of the circuit court of the county in which the divorced wife resides and upon application of any interested party, the divorced wife may be enjoined from the […]
Section 30-2-12 Divorce for pregnancy of wife at time of marriage bastardizes issue. Repealed by Act 2015-70 effective April 21, 2015. (Code 1852, §1975; Code 1867, §2365; Code 1876, §2699; Code 1886, §2336; Code 1896, §1499; Code 1907, §3807; Code 1923, §7421; Code 1940, T. 34, §34.)
Section 30-2-2 Divorce from bonds of matrimony after judgment of divorce from bed and board or of separate maintenance in effect for more than two years. The circuit court shall have the power to divorce persons from the bonds of matrimony in favor of either party where there has been a final judgment of divorce […]
Section 30-2-3 Divorce to be refused where collusion between parties, condonation, etc. No judgment can be entered on the confession of the parties, or either of them, or if it appear that adultery was committed by either, with the consent of the other, for the purpose of obtaining a divorce, or where both parties have […]
Section 30-2-4 Where complaint to be filed. Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of […]
Section 30-2-5 Residency requirement for plaintiff when defendant nonresident. When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of this state for six months next before the filing of the complaint, which must be alleged in the complaint and proved. (Code 1852, §1969; Code 1867, […]
Section 30-2-6 When husband or wife may sue or defend in own name. A husband or wife under the age of 19 years may file a complaint for any purpose under this chapter in his or her own name without the intervention of a next friend, guardian, or guardian ad litem, and if over the […]
Section 30-2-7 Answer of defendant not required to be sworn; effect of answer. The defendant is not required to verify the answer by oath, and, whether sworn to or not, it is not evidence in the case, and can have no other effect than to put in issue the allegations of the complaint. (Code 1852, […]
Section 30-2-8 Proceedings generally; right of remarriage. The proceeding must, in all respects, be conducted as other civil actions, except as herein otherwise directed. The cause for which the divorce is sought must be alleged in the complaint, to which the other party must be made a defendant. If service by publication shall be made, […]
Section 30-2-8.1 Waiting period prior to issuance of final judgment of divorce; temporary orders prior to expiration of waiting period. (a) A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint. (b) This section shall not restrict […]
Section 30-2-9 Validation of marriage of divorced persons where remarriage not specifically prohibited by divorce judgment. The marriages of all persons married subsequent to a divorce judgment granted in this state which did not prohibit the person from remarrying are hereby declared to be valid, notwithstanding that the judgment of divorce did not specifically confer […]
