LegalTips.ORG Directory Full Text About us
Alabama Code | California Code | Connecticut Code | Nebraska Code | Texas Code
 
Google
 
Web LegalTips.org


maritime & jones injury law attorney   Official Government Sites
   State of Alabama
   State of Alaska
   State of Arizona
   State of Arkansas
   State of California
   State of Colorado
   State of Connecticut
   State of Delaware
   District-of-Columbia
   State of Florida
   State of Georgia
   State of Hawaii
   State of Idaho
   State of Illinois
   State of Indiana
   State of Iowa
   State of Kansas
   State of Kentucky
   State of Louisiana
   State of Maine
   State of Maryland
   State of Massachusetts
   State of Michigan
   State of Minnesota
   State of Mississippi
   State of Missouri
   State of Montana
   State of Nebraska
   State of Nevada
   State of New-Hampshire
   State of New-Jersey
   State of New-Mexico
   State of New York
   State of North-Carolina
   State of North-Dakota
   State of Ohio
   State of Oklahoma
   State of Oregon
   State of Pennsylvania
   State of Rhode-Island
   State of South-Carolina
   State of South-Dakota
   State of Tennessee
   State of Texas
   State of Utah
   State of Vermont
   State of Virginia
   State of Washington
   State of West-Virginia
   State of Wisconsin
   State of Wyoming

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 the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.

(2) For adultery.

(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.

(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.

(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.

(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine or other like drug.

(7) Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.

(8) In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.

(9) Upon application of either party, when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.

(10) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.

(11) In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.

(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during said period.

(b) When a judgment of divorce is entered, in effect, it is awarded to both parties to the marriage.

(Code 1852, §§1961-1963; Code 1867, §§2351-2353; Code 1876, §§2685-2687; Code 1886, §§2322-2324; Code 1896, §§1485-1487; Code 1907, §§3793-3795; Acts 1919, No. 584, p. 839; Acts 1919, No. 631, p. 878; Code 1923, §§7407-7409; Acts 1932, Ex. Sess., No. 41, p. 52; Acts 1933, Ex. Sess., No. 153, p. 142; Acts 1936-37, Ex. Sess., No. 211, p. 247; Code 1940, T. 34, §§20-22; Acts 1943, No. 463, p. 425; Acts 1947, No. 487, p. 336; Acts 1971, No. 222, p. 517; Acts 1971, No. 2272, p. 3662, §§1, 2.)



Alabama Code | California Code | Connecticut Code | Nebraska Code | Texas Code
 © 2007 All Rights Reserved. LegalTips.ORG.