§48-5-101. Absolute Divorce
§48-5-101. Absolute divorce. A divorce ordered in this state is an absolute divorce.
§48-5-102. Subject Matter Jurisdiction
§48-5-102. Subject matter jurisdiction. (a) The Legislature hereby finds and declares that it has the authority to establish, by general law, the jurisdiction of circuit courts and family courts over domestic relations matters. (b) The circuit courts and family courts of this state, by act of the Legislature, are vested with concurrent jurisdiction over the […]
§48-5-103. Jurisdiction of Parties; Service of Process
(a) In an action for divorce, it is immaterial where the marriage was celebrated, where the parties were domiciled at the time the grounds for divorce arose or where the marital offense was committed. If one or both of the parties is domiciled in this state at the time the action is commenced, the circuit […]
§48-5-104. Retention of Jurisdiction When Divorce Is Denied
If a divorce is denied, the court shall retain jurisdiction of the case and may order all or any portion of the relief provided for in this article that has been demanded in the pleadings.
§48-5-105. Residency Requirements for Maintaining an Action for Divorce
(a) Except as otherwise provided in subsection (b) of this section: (1) If the marriage was entered into within this state, an action for divorce is maintainable if one of the parties is an actual bona fide resident of this state at the time of commencement of the action, without regard to the length of […]
§48-5-106. Venue of Actions for Divorce
(a) If the respondent in an action for divorce is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides. (b) If the respondent in an action for divorce is not a resident of […]
§48-5-107. Parties to a Divorce Action
(a) Either or both of the parties to a marriage may initiate an action for divorce. (b) A spouse who is under the age of majority has standing in a divorce action to sue, answer or plead by a next friend. (c) An incompetent or insane person shall sue, answer or plead by his or […]
§48-5-201. Grounds for Divorce; Irreconcilable Differences
§48-5-201. Grounds for divorce; irreconcilable differences. The court may order a divorce if the complaint alleges that irreconcilable differences exist between the parties and an answer is filed admitting that allegation. A complaint alleging irreconcilable differences shall set forth the names of any dependent children of either or both of the parties. A divorce on […]
§48-5-202. Grounds for Divorce; Voluntary Separation
(a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties. (b) Allegations of res […]
§48-5-203. Grounds for Divorce; Cruel or Inhuman Treatment
(a) A divorce may be ordered for cruel or inhuman treatment by either party against the other. Cruel or inhuman treatment includes, but is not limited to, the following: (1) Reasonable apprehension of bodily harm;
§48-5-204. Grounds for Divorce; Adultery
A divorce may be ordered for adultery. Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband. The burden is on the party seeking the divorce to prove the alleged adultery by clear and convincing evidence.
§48-5-205. Grounds for Divorce; Conviction of Crime
A divorce may be ordered when either of the parties subsequent to the marriage has, in or out of this state, been convicted for the commission of a crime that is a felony and, the conviction is final.
§48-5-206. Grounds for Divorce; Permanent and Incurable Insanity
(a) A divorce may be ordered for permanent and incurable insanity, only if the person is permanently and incurably insane and has been confined in a mental hospital or other similar institution for a period of not less than three consecutive years next preceding the filing of the complaint and the court has heard competent […]
§48-5-207. Grounds for Divorce; Habitual Drunkenness or Drug Addiction
(a) A divorce may be ordered for habitual drunkenness of either party subsequent to the marriage. (b) A divorce may be ordered for the addiction of either party, subsequent to the marriage, to the habitual use of any narcotic or dangerous drug defined in this code.
§48-5-208. Grounds for Divorce; Desertion
A divorce may be ordered to the party abandoned, when either party willfully abandons or deserts the other for six months.
§48-5-209. Grounds for Divorce; Abuse or Neglect of a Child
(a) A divorce may be ordered for abuse or neglect of a child of the parties or of one of the parties, "abuse" meaning any physical or mental injury inflicted on such child including, but not limited to, sexual molestation; and "neglect" is willful failure to provide, by a party who has legal responsibility for […]
§48-5-301. When a Divorce Not to Be Granted
§48-5-301. When a divorce not to be granted. No divorce for adultery shall be granted on the uncorroborated testimony of a prostitute, or a particeps criminis, or when it appears that the parties voluntarily cohabited after the knowledge of the adultery, or that it occurred more than three years before the institution of the action; […]
§48-5-401. Verification of Pleadings
§48-5-401. Verification of pleadings. All pleadings in a divorce action must be verified by the party in whose name they are filed.
§48-5-402. Petition for Divorce
§48-5-402. Petition for divorce. (a) An action for divorce is instituted by a verified petition and the formal style and the caption for all pleadings is "In Re the marriage of ________ and ________". The parties shall be identified in all pleadings as "petitioner" and "respondent". (b) The petition must set forth the ground or […]
§48-5-403. Answer to Petition
(a) The responsive pleading to a petition for divorce is denominated an answer. The form and requisites for an answer to a petition for divorce are governed by the rules of civil procedure. (b) Except as provided in subsection (c) of this section, an allegedly guilty party who relies upon an affirmative defense must assert […]