reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 6 - RIGHTS IN REAL ESTATE OF INSANE SPOUSE (§§ 9-11-601 — 9-11-604) › Section 9-11-604 - Setting apart dower or curtesy as life estate in certain lands

(a)
(1)
Any person owning lands in this state whose spouse is adjudged permanently insane may apply by petition to the circuit court of the county where the lands or the greater part thereof are situated to have a life estate in a part of the lands set apart to the spouse in lieu of the spouse's inchoate right of dower or curtesy, as the case may be, in all of the lands and the remaining lands discharged and unencumbered of the dower or curtesy interest of the spouse.
(2)
The petition shall set forth the insanity of the spouse, the nature and duration thereof, the person with whom and the place at which the spouse may then be residing, describing all the real estate of the plaintiff, and that it will be to the best interest of all parties.
(b)
On the filing of the petition, the court shall appoint some reliable person, a citizen of the county, not related to either of the parties nor interested directly or indirectly in the real estate nor in any part thereof as guardian ad litem for the spouse. The guardian ad litem shall forthwith cause the appearance of the spouse to be entered of record in the case and make such pleadings in the case from time to time as may seem fit to him or her for the interest of his or her ward and be consistent with the practice of the court. All acts of the guardian ad litem shall be deemed valid and binding on his or her ward.
(c)
The court on hearing the petition and being satisfied that it will be to the best interests of the parties to have the life estate in a part of the lands set apart to the spouse in lieu of dower or curtesy in the whole of the lands shall appoint three (3) persons as commissioners not interested in the lands nor in any part thereof who shall set apart the life estate in lieu of dower or curtesy, designating specifically the lands. They shall make their report to the court, which report shall be subject to the approval of the court.
(d)
On approval of the report of the commissioners, the court shall make an order and decree divesting the dower or curtesy of the spouse out of the real estate of the plaintiff and in lieu thereof vesting in the spouse a life estate of the lands designated by the commissioners, and authorizing and empowering the plaintiff to sell the remainder of the lands or to mortgage and encumber the remainder of the lands free from any dower or curtesy rights of the spouse.
Acts 1907, No. 393, §§ 1-3, p. 985; C. & M. Dig., §§ 3566-3568; Acts 1923, No. 472, § 1; Pope's Dig., §§ 4452-4454; Acts 1981, No. 714, §§ 14-16; A.S.A. 1947, §§ 59-706 -- 59-708
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 7 - VALIDATING ACTS (§§ 9-11-701 — 9-11-706) › Section 9-11-701 - Persons acting for clerk

(a)
The acts and deeds of all persons acting for and in behalf of any county clerk in this state in the issuance of marriage licenses prior to January 26, 1945, whether the person was a duly and legally appointed deputy of the county clerk or not, are declared to be as legal and valid as if the licenses had been issued by the county clerk in person.
(b)
All marriages solemnized in this state prior to January 26, 1945, pursuant to a marriage license issued by a person other than the county clerk of the county wherein the license was issued or by the legally appointed deputy of the county clerk are declared to be valid. All the marriages shall be as binding and effectual as if the licenses had been issued by the county clerk of the county in person.
Acts 1945, No. 6, §§ 1, 2; A.S.A. 1947, §§ 55-231, 55-232
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 7 - VALIDATING ACTS (§§ 9-11-701 — 9-11-706) › Section 9-11-702 - Marriages performed by mayors

All marriage ceremonies performed by mayors in the State of Arkansas prior to June 12, 1947, are declared to be valid.
Acts 1947, No. 231, § 2; A.S.A. 1947, § 55-216n
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 7 - VALIDATING ACTS (§§ 9-11-701 — 9-11-706) › Section 9-11-703 - Recordation of credentials of clerical character - Applicability of section 9-11-214

(a)
Section
9-11-214(a) and (b)
shall not apply to those ministers and priests who properly filed their credentials prior to February 18, 1947, according to the law as it existed at the time the credentials were filed.
(b)
Any marriage solemnized by any regularly ordained minister or priest of any religious sect or denomination in this state prior to February 18, 1947, is declared legal and valid, whether or not the minister or priest caused his or her license or credentials to be recorded as provided by §
9-11-214(a) and (b)
.
Acts 1843, § 2, p. 55; 1873, No. 2, § 2, p. 2; C. & M. Dig., § 7047; Pope's Dig., § 9027; Acts 1947, No. 93, §§ 1, 2; A.S.A. 1947, §§ 55-218, 55-218n
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 7 - VALIDATING ACTS (§§ 9-11-701 — 9-11-706) › Section 9-11-704 - Marriages solemnized out of county

(a)
All marriages between persons authorized to contract marriage and solemnized prior to March 31, 1885, by any justice of the peace, or any other person authorized by law to solemnize the rites of matrimony, of any county in any other county in this state, and the persons afterwards lived together as husband and wife, are declared to be legal and their children legitimate.
(b)
All marriages so solemnized prior to March 31, 1885, by any justice of the peace, or any other person authorized by law to solemnize the rites of matrimony, of any county in any other county are legalized and made as binding between the married persons in every respect as if the rites of matrimony had been solemnized by a justice of the peace of the county where the marriage was solemnized.
Acts 1885, No. 110, §§ 1, 2, p. 182; C. & M. Dig., §§ 7070, 7071; Pope's Dig., §§ 9052, 9053; A.S.A. 1947, §§ 55-233, 55-234
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 7 - VALIDATING ACTS (§§ 9-11-701 — 9-11-706) › Section 9-11-705 - Marriages solemnized by municipal court judges

All marriages solemnized by municipal court judges prior to July 20, 1987, are declared valid ab initio.
Acts 1987, No. 394, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 7 - VALIDATING ACTS (§§ 9-11-701 — 9-11-706) › Section 9-11-706 - Marriage before entry of divorce decree

(a)
It is the intent of this section to validate all marriages deemed void as a result of the decision of the Supreme Court in Standridge v. Standridge, 298 Ark. 494, 769 S.W.2d 12 (1989), whether occurring prior to or subsequent to November 14, 1989.
(b)
(1)
All marriages heretofore or hereafter declared void because the parties had entered into an otherwise valid marriage after the rendition of a valid decree of divorce of either of the parties but before the entry for record of the decree are declared valid for all purposes.
(2)
All children born to any marriage declared valid by this section are deemed to be the legitimate children of both parents for all purposes.
(3)
All property rights, including, but not limited to, conveyances, inheritance, intestate succession, dower, curtesy, and all rights and duties between the parties themselves or third persons, are declared to be those of validly married persons.
(c)
This section shall apply to all marriages occurring both prior and subsequent to November 14, 1989.
Acts 1989 (3rd Ex. Sess.), No. 46, §§ 1-5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 8 - COVENANT MARRIAGE ACT (§§ 9-11-801 — 9-11-811) › Section 9-11-801 - Title

This subchapter shall be known and may be cited as the "Covenant Marriage Act of 2001".
Acts 2001, No. 1486, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 8 - COVENANT MARRIAGE ACT (§§ 9-11-801 — 9-11-811) › Section 9-11-802 - Definitions

As used in this subchapter:
(1)
"Authorized counseling" means marital counseling provided by:
(A)
A priest;
(B)
A minister;
(C)
A rabbi;
(D)
A clerk of the Religious Society of Friends;
(E)
Any clergy member of any religious sect or a designated representative;
(F)
A marriage educator approved by the person who will perform the marriage ceremony; or
(G)
As defined by §
17-27-102
:
(i)
A licensed professional counselor;
(ii)
A licensed associate counselor;
(iii)
A licensed marriage and family therapist;
(iv)
A licensed clinical psychologist; or
(v)
A licensed associate marriage and family therapist; and
(2)
"Judicial separation" means a judicial proceeding pursuant to §
9-11-809
that results in a court determination that the parties to a covenant marriage live separate and apart.
Acts 2001, No. 1486, § 5; 2003, No. 1115, § 1; 2003, No. 1473, § 15
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 8 - COVENANT MARRIAGE ACT (§§ 9-11-801 — 9-11-811) › Section 9-11-803 - Covenant marriage

(a)
(1)
A covenant marriage is a marriage entered into by one (1) male and one (1) female who understand and agree that the marriage between them is a lifelong relationship.
(2)
Parties to a covenant marriage will have received authorized counseling emphasizing the nature, purposes, and responsibilities of marriage.
(3)
Only when there has been a complete and total breach of the marital covenant commitment may a party seek a declaration that the marriage is no longer legally recognized.
(b)
(1)
A man and a woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license as otherwise required under this chapter and executing a declaration of intent to contract a covenant marriage as provided in §
9-11-804
.
(2)
The application for a marriage license and the declaration of intent shall be filed with the official who issues the marriage license.
Acts 2001, No. 1486, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 8 - COVENANT MARRIAGE ACT (§§ 9-11-801 — 9-11-811) › Section 9-11-804 - Content of declaration of intent

(a)
A declaration of intent to contract a covenant marriage shall contain all of the following:
(1)
A recitation signed by both parties to the following effect:
"A COVENANT MARRIAGE
We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We have chosen each other carefully and disclosed to one another everything which could adversely affect the decision to enter into this marriage. We have received authorized counseling on the nature, purposes, and responsibilities of marriage. We have read the Covenant Marriage Act of 2001, and we understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling.
With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Arkansas law on covenant marriages, and we promise to love, honor, and care for one another as husband and wife for the rest of our lives.";
(2)
An affidavit by the parties that they have received authorized counseling that shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties, and a discussion of the exclusive grounds for legally terminating a covenant marriage by divorce;
(3)
An attestation, signed by the counselor and attached to or included in the parties' affidavit, confirming that the parties received authorized counseling as to the nature and purpose of the marriage and the grounds for termination of the marriage and an acknowledgment that the counselor provided to the parties the informational pamphlet developed and promulgated by the Administrative Office of the Courts under this subchapter that provides a full explanation of the terms and conditions of a covenant marriage; and
(4)
(A)
The signature of both parties witnessed by a notary.
(B)
If one (1) of the parties is a minor, or both are minors, the written consent or authorization of those persons required under this chapter to consent to or authorize the marriage of minors.
(b)
The declaration shall consist of two (2) separate documents:
(1)
The recitation as set out in subdivision (a)(1) of this section; and
(2)
The affidavit with the attestation either included within or attached to the document.
(c)
The recitation, affidavit, and attestation shall be filed as provided in §
9-11-803(b)
.
Acts 2001, No. 1486, § 5; Acts 2011, No. 793, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 8 - COVENANT MARRIAGE ACT (§§ 9-11-801 — 9-11-811) › Section 9-11-806 - Other applicable rules

A covenant marriage shall be governed by all of the provisions of this title, except as otherwise specifically provided in this subchapter.
Acts 2001, No. 1486, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 8 - COVENANT MARRIAGE ACT (§§ 9-11-801 — 9-11-811) › Section 9-11-807 - Applicability to already married couples

(a)
A married couple, upon submission of a copy of their marriage certificate, which need not be certified, may execute a declaration of intent to designate their marriage as a covenant marriage to be governed by this subchapter.
(b)
This declaration of intent in the form and containing the contents required by subsection (c) of this section must be filed with the officer who issues marriage licenses in the county in which the couple is domiciled.
(c)
(1)
A declaration of intent to redesignate a marriage as a covenant marriage shall contain all of the following:
(A)
A recitation by the parties as set out in §
9-11-804
;
(B)
An affidavit by the parties as set out in §
9-11-805
that they have discussed their intent to designate their marriage as a covenant marriage with an authorized counselor that included a discussion of the obligation to seek marital counseling in times of marital difficulties and the exclusive grounds for legally terminating a covenant marriage by divorce;
(C)
An attestation signed by the counselor and attached to the parties' affidavit acknowledging that the counselor provided to the parties the informational pamphlet developed and promulgated by the Administrative Office of the Courts under this subchapter that provides a full explanation of the terms and conditions of a covenant marriage; and
(D)
The signature of both parties witnessed by a notary.
(2)
(A)
The declaration shall contain two (2) separate documents:
(i)
The recitation; and
(ii)
The affidavit with the attestation either included within or attached to the document.
(B)
The recitation, affidavit, and attestation shall be filed as provided in subsection (b) of this section.
Acts 2001, No. 1486, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 8 - COVENANT MARRIAGE ACT (§§ 9-11-801 — 9-11-811) › Section 9-11-808 - Divorce or separation

(a)
Notwithstanding any other law to the contrary and subsequent to the parties' obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of the following:
(1)
The other spouse has committed adultery;
(2)
The other spouse has committed a felony or other infamous crime;
(3)
The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one (1) of the spouses;
(4)
The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years; or
(5)
(A)
The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years from the date the judgment of judicial separation was signed.
(B)
(i)
If there is a minor child or children of the marriage, the spouses have been living separate and apart continuously without reconciliation for a period of two (2) years and six (6) months from the date the judgment of judicial separation was signed.
(ii)
However, if abuse of a child of the marriage or a child of one (1) of the spouses is the basis for which the judgment of judicial separation was obtained, then a judgment of divorce may be obtained if the spouses have been living separate and apart continuously without reconciliation for a period of one (1) year from the date the judgment of judicial separation was signed.
(b)
Notwithstanding any other law to the contrary and subsequent to the parties' obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of judicial separation only upon proof of any of the following:
(1)
The other spouse has committed adultery;
(2)
The other spouse has committed a felony and has been sentenced to death or imprisonment;
(3)
The other spouse has physically or sexually abused the spouse seeking the legal separation or divorce or a child of one (1) of the spouses;
(4)
The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years; or
(5)
The other spouse shall:
(A)
Be addicted to habitual drunkenness for one (1) year;
(B)
Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or
(C)
Offer such indignities to the person of the other as shall render his or her condition intolerable.
Acts 2001, No. 1486, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 8 - COVENANT MARRIAGE ACT (§§ 9-11-801 — 9-11-811) › Section 9-11-809 - Suit against spouse - Separation

(a)
Unless judicially separated, spouses in a covenant marriage may not sue each other except for causes of action:
(1)
Pertaining to contracts;
(2)
For restitution of separate property;
(3)
For judicial separation in covenant marriages;
(4)
For divorce or for declaration of nullity of the marriage; and
(5)
For causes of action pertaining to spousal support or the support or custody of a child while the spouses are living separate and apart, although not judicially separated.
(b)
(1)
Any court that is competent to preside over divorce proceedings has jurisdiction of an action for judicial separation or divorce in a covenant marriage if:
(A)
One (1) or both of the spouses are domiciled in this state and the ground for judicial separation or divorce in a covenant marriage was committed or occurred in this state or while the matrimonial domicile was in this state; or
(B)
The ground therefor occurred elsewhere while either or both of the spouses were domiciled elsewhere, provided the person obtaining the judicial separation was domiciled in this state prior to the time the cause of action accrued and is domiciled in this state at the time the action is filed.
(2)
An action for a judicial separation in a covenant marriage shall be brought in a county where either party is domiciled, or in the county of the last matrimonial domicile.
(3)
The venue provided in this section may not be waived, and a judgment of separation rendered by a court of improper venue is an absolute nullity.
(c)
Judgments on the pleadings and summary judgments shall not be granted in any action for judicial separation in a covenant marriage.
(d)
In a proceeding for a judicial separation in a covenant marriage or thereafter, a court may award a spouse all incidental relief afforded in a proceeding for divorce, including, but not limited to, spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief, and possession and use of a family residence or joint property.
Acts 2001, No. 1486, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 8 - COVENANT MARRIAGE ACT (§§ 9-11-801 — 9-11-811) › Section 9-11-810 - Effects of separation

(a)
Judicial separation in a covenant marriage does not dissolve the bond of matrimony since the separated husband and wife are not at liberty to marry again, but it puts an end to their conjugal cohabitation and to the common concerns that existed between them.
(b)
Spouses who are judicially separated in a covenant marriage shall retain that status until either reconciliation or divorce.
Acts 2001, No. 1486, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 8 - COVENANT MARRIAGE ACT (§§ 9-11-801 — 9-11-811) › Section 9-11-811 - Informational pamphlet

(a)
The Administrative Office of the Courts shall promulgate an informational pamphlet, entitled "Covenant Marriage Act of 2001", which shall outline in sufficient detail the consequences of entering into a covenant marriage.
(b)
The informational pamphlet shall be made available to any counselor who provides authorized counseling as provided for by this subchapter.
Acts 2001, No. 1486, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 1 - GENERAL PROVISIONS (§ 9-12-101) › Section 9-12-101 - Subsequent marriage before dissolution of prior marriage prohibited

No subsequent or second marriage shall be contracted by any person during the lifetime of any former husband or wife of the person unless the marriage with the former husband or wife has been dissolved for some one (1) of the causes set forth in the law concerning divorces by a court of competent authority.
Rev. Stat., ch. 94, § 6; C. & M. Dig., § 7042; Pope's Dig., § 9022; A.S.A. 1947, § 55-108
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 2 - ANNULMENT (§§ 9-12-201 — 9-12-202) › Section 9-12-201 - Grounds

When either of the parties to a marriage is incapable from want of age or understanding of consenting to any marriage, or is incapable of entering into the marriage state due to physical causes, or when the consent of either party shall have been obtained by force or fraud, the marriage shall be void from the time its nullity shall be declared by a court of competent jurisdiction.
Rev. Stat., ch. 94, § 5; C. & M. Dig., § 7041; Pope's Dig., § 9021; A.S.A. 1947, § 55-106
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 2 - ANNULMENT (§§ 9-12-201 — 9-12-202) › Section 9-12-202 - Proceedings for annulment to be in equity - Venue

(a)
The action shall be by equitable proceedings in the county where the complainant or complainants reside.
(b)
The process may be directed in the first instance to any county in the state where the defendant may then reside or be found.
Pope's Dig., § 9021A, as added by Acts 1947, No. 168, § 1; A.S.A. 1947, § 55-107
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-302 - Equitable proceedings

The action for alimony or divorce shall be by equitable proceedings.
Civil Code, § 456; C. & M. Dig., § 3499; Pope's Dig., § 4380; A.S.A. 1947, § 34-1201
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-303 - Venue - Service of process

(a)
The proceedings shall be in the county where the complainant resides unless the complainant is a nonresident of the State of Arkansas and the defendant is a resident of the state, in which case the proceedings shall be in the county where the defendant resides and, in any event, the process may be directed to any county in the state.
(b)
In actions initiated by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or the Department of Human Services, proceedings may also be commenced in the county where the defendant resides.
(c)
When a spouse initiates an action against the other spouse for an absolute divorce, divorce from bed and board, or separate maintenance, then the venue for the initial action shall also be the venue for any of the three (3) named actions filed by the other spouse, regardless of the residency of the other spouse.
Rev. Stat., ch. 51, § 5; C. & M. Dig., § 3502; Pope's Dig., § 4383; Acts 1963, No. 190, § 1; 1979, No. 799, § 1; A.S.A. 1947, § 34-1204; Acts 1987, No. 12, § 1; 1995, No. 1184, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-304 - Pleadings - Interrogatories

(a)
The pleadings are not required to be verified by affidavit.
(b)
However, either party may file interrogatories to the other in regard to any matter of property involved in the action that shall be answered on oath as interrogatories in other actions and have the same effect.
Civil Code, § 457; C. & M. Dig., § 3503; Pope's Dig., § 4384; A.S.A. 1947, § 34-1205
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-305 - No judgment pro confesso

The statements of the complaint for a divorce shall not be taken as true because of the defendant's failure to answer or admission of their truth on the part of the defendant.
Civil Code, § 458; C. & M. Dig., § 3504; Pope's Dig., § 4385; A.S.A. 1947, § 34-1207
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-306 - Corroboration

(a)
In uncontested divorce suits, corroboration of the plaintiff's grounds for divorce shall not be necessary or required.
(b)
In contested suits, corroboration of the injured party's grounds may be expressly waived in writing by the other spouse.
(c)
(1)
This section does not apply to proof as to residence, which must be corroborated, and does not apply to proof of separation and continuity of separation without cohabitation, which must be corroborated.
(2)
In uncontested cases, proof as to residence and proof of separation and continuity of separation without cohabitation may be corroborated by either oral testimony or verified affidavit of persons other than the parties.
Acts 1969, No. 398, § 1; 1981, No. 267, § 1; 1985, No. 474, § 1; A.S.A. 1947, § 34-1207.1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-307 - Matters that must be proved - Definition

(a)
To obtain a divorce, the plaintiff must prove, but need not allege, in addition to a legal cause of divorce:
(1)
(A)
A residence in the state by either the plaintiff or defendant for sixty (60) days next before the commencement of the action and a residence in the state for three (3) full months before the final judgment granting the decree of divorce.
(B)
No decree of divorce, however, shall be granted until at least thirty (30) days have elapsed from the date of the filing of the complaint.
(C)
When personal service cannot be had upon the defendant or when the defendant fails to enter his or her appearance in the action, no decree of divorce shall be granted the plaintiff until the plaintiff has maintained an actual residence in the State of Arkansas for a period of not less than three (3) full months;
(2)
That the cause of action and cause of divorce occurred or existed in this state or, if out of the state, that it was a legal cause of divorce in this state, the laws of this state to govern exclusively and independently of the laws of any other state as to the cause of divorce; and
(3)
That the cause of divorce occurred or existed within five (5) years next before the commencement of the suit.
(b)
"Residence" as used in subsection (a) of this section is defined to mean actual presence, and upon proof of that the party alleging and offering the proof shall be considered domiciled in the state, and this is declared to be the legislative intent and public policy of the State of Arkansas.
Civil Code, § 459; C. & M. Dig., § 3505; Acts 1931, No. 71, p. 201; Pope's Dig., § 4386; Acts 1957, No. 36; 1961, No. 146; A.S.A. 1947, §§ 34-1208, 34-1208.1; Acts 1993, No. 418, § 1; 1999, No. 97, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-308 - Effect of collusion, consent, or equal guilt of parties

If it appears to the court that the adultery or other offense complained of has been occasioned by the collusion of the parties or done with an intent to procure a divorce, that the complainant was consenting thereto, or that both parties have been guilty of the adultery or other offense or injury complained of in the complaint, then no divorce shall be granted or decreed.
Rev. Stat., ch. 51, § 8; C. & M. Dig., § 3507; Pope's Dig., § 4389; A.S.A. 1947, § 34-1209
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-309 - Maintenance and attorney's fees - Interest

(a)
(1)
During the pendency of an action for divorce, whether absolute or from bed and board, separate maintenance, or alimony, the court may:
(A)
(i)
Allow to the wife or to the husband maintenance;
(ii)
Allow a reasonable fee for his or her attorneys; and
(iii)
Allow expert witness fees; and
(B)
Enforce the payment of the allowance by orders and executions and proceedings as in cases of contempt.
(2)
In the final decree of an action for absolute divorce, the court may award the wife or husband costs of court, a reasonable attorney's fee, and expert witness fees.
(3)
The court may immediately reduce the sums so ordered to judgment and allow the party to execute upon the marital property for the payment of the allowance, except that the homestead shall not be executed upon for the payment of the sums so ordered.
(b)
The court may allow either party additional attorney's fees for the enforcement of alimony, maintenance, and support provided for in the decree.
(c)
All child support that becomes due and remains unpaid shall accrue interest at the rate of ten percent (10%) per annum.
(d)
The court shall award a minimum of ten percent (10%) of the support amount due as attorney's fees in actions for the enforcement of payment of alimony, maintenance, and support provided for in the decree, judgment, or order.
(e)
Collection of interest and attorney's fees may be by executions, proceedings of contempt, or other remedies as may be available to collect the original support award.
Civil Code, § 460; C. & M. Dig., § 3506; Pope's Dig., § 4388; Acts 1941, No. 25, § 1; 1945, No. 274, § 1; 1979, No. 705, § 2; 1983, No. 161, § 1; A.S.A. 1947, § 34-1210; Acts 1987, No. 813, § 1; 2001, No. 207, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-310 - Waiting period before rendition of decree

Unless the parties shall have lived separate and apart from each other for a period of twelve (12) months next before the filing of the complaint or unless the defendant is constructively summoned by publication of warning order, no decree of absolute divorce or of divorce from bed and board shall be rendered in any action brought on any grounds except bigamy before the thirtieth day following the day upon which the action for divorce is commenced. This prohibition is not subject to waiver by either or both parties to the action for divorce. However, the parties may agree that the case may be submitted in vacation.
Acts 1953, No. 348, § 1; A.S.A. 1947, § 34-1218
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-311 - Legitimacy of children not affected

The injured party may apply for a decree of divorce, but no divorce shall affect the legitimacy of the children born previously to entering the decree in the case.
Rev. Stat., ch. 51, § 2; C. & M. Dig., § 3501; Pope's Dig., § 4382; A.S.A. 1947, § 34-1203
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-313 - Enforcement of separation agreements and decrees of court

Courts of equity may enforce the performance of written agreements between husband and wife made and entered into in contemplation of either separation or divorce and decrees or orders for alimony and maintenance by sequestration of the property of either party, or that of his or her sureties, or by such other lawful ways and means, including equitable garnishments or contempt proceedings, as are in conformity with rules and practices of courts of equity.
Rev. Stat., ch. 51, § 11; C. & M. Dig., § 3509; Pope's Dig., § 4391; Acts 1941, No. 290, § 1; 1979, No. 705, § 4; A.S.A. 1947, § 34-1212
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-314 - Modification of allowance for alimony and maintenance - Child support

(a)
The court, upon application of either party, may make such alterations from time to time, as to the allowance of alimony and maintenance as may be proper and may order any reasonable sum to be paid for the support of the wife or the husband during the pending of a complaint for a divorce.
(b)
Any decree, judgment, or order that contains a provision for the payment of money for the support and care of any child or children through the registry of the court or through the Arkansas Child Support Clearinghouse shall be final judgment as to any installment or payment of money that has accrued until the time either party moves through proper motion filed with the court and served on the other party to set aside, alter, or modify the decree, judgment, or order.
(c)
The court may not set aside, alter, or modify any decree, judgment, or order that has accrued unpaid support prior to the filing of the motion. However, the court may offset against future support to be paid those amounts accruing during time periods other than reasonable visitation in which the noncustodial parent had physical custody of the child with the knowledge and consent of the custodial parent.
(d)
Nothing in this section shall be construed to limit the jurisdiction of the court to proceed to enforce a decree, judgment, or order for the support of a minor child or children through contempt proceedings when the arrearage is reduced to judgment under subsection (b) of this section.
Rev. Stat., ch. 51, § 12; C. & M. Dig., § 3510; Pope's Dig., § 4392; Acts 1979, No. 705, § 5; A.S.A. 1947, § 34-1213; Acts 1987, No. 1057, § 1; 1997, No. 1296, § 11
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-316 - Property settlements

In any divorce suit in which a written property settlement involving real property is entered into by the parties and reference is made to the settlement in the divorce decree, a copy of that portion of the property settlement involving real property shall be filed and recorded with the divorce decree.
Acts 1969, No. 398, § 2; A.S.A. 1947, § 34-1214.1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-317 - Dissolution of estates by the entirety or survivorship

(a)
Hereafter, when any circuit court in this state renders a final decree of divorce, any estate by the entirety or survivorship in real or personal property held by the parties to the divorce shall be automatically dissolved unless the court order specifically provides otherwise, and in the division and partition of the property, the parties shall be treated as tenants in common.
(b)
Notwithstanding subsection (a) of this section or any other law to the contrary, when one (1) of the parties to the estate by the entirety has been found guilty or has pleaded guilty or nolo contendere to a felony during the marriage and within three (3) years of filing the complaint for divorce and the other party to the divorce did not benefit from the felony, the circuit judge may award the property to the spouse who did not commit the felony or to both parties in any proportion deemed equitable by the circuit judge.
(c)
However, when a circuit court in this state renders an absolute divorce from the bonds of matrimony or a divorce from bed and board, and the court dissolves estates by the entirety or survivorship in real or personal property under this section, the court may distribute the property as provided in §
9-12-315
. The court shall set forth its reasons in writing in the decree for making an other than equal distribution to each party, when all the property is considered together, taking into account the factors enumerated in §
9-12-315(a)(1)
.
Acts 1947, No. 340, § 1; 1975, No. 457, § 1; A.S.A. 1947, § 34-1215; Acts 1991, No. 1160, § 1; 1997, No. 1119, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-318 - Restoration of name

In all cases when the court finds that either party is entitled to a divorce, the court may restore the wife to the name that she bore previous to the marriage dissolved.
Civil Code, § 462; C. & M. Dig., § 3512; Pope's Dig., § 4394; Acts 1947, No. 16, § 1; 1981, No. 302, § 1; A.S.A. 1947, § 34-1216
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-319 - Nonresident defendants - Warning orders - Entry of decree

In all divorce actions pending or filed in any of the circuit courts of this state where a warning order has been published against the defendant, who is a nonresident of this state, for the time and in the manner fixed by law and proof of publication has been filed with the clerk of the circuit court, and where the report or response of the attorney ad litem appointed for the nonresident has been filed with the clerk of the court, and no answer or other defense has been filed in the circuit court by the nonresident defendant, the judge of the circuit court upon submission of the cause to him or her in his or her chambers, or at any other place in his or her district by the attorney for the plaintiff, shall hear and enter a decree in the cause that shall have the same binding force and effect, both in law and equity, as if entered in term time in the county where the decree is filed.
Acts 1959, No. 39, § 1; A.S.A. 1947, § 34-1219
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-320 - Proceedings subsequent to decree - Change of venue

(a)
(1)
The court where the final decree of divorce is rendered shall retain jurisdiction for all matters following the entry of the decree.
(2)
(A)
(i)
Either party, or the court on its own motion, may petition the court that granted the final decree to request that the case be transferred to another county in which at least one (1) party resides if, more than six (6) months subsequent to the final decree:
(a)
Both of the parties to the divorce proceedings have established a residence in a county of another judicial district within the state; or
(b)
One (1) of the parties has moved to a county of another judicial district within the state and the other party has moved from the State of Arkansas.
(ii)
The decision to transfer a case is within the discretion of the court where the final decree of divorce was rendered.
(B)
The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer.
(C)
In cases in which children are involved and a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the custodial parent.
(D)
Justification for transfer of a case may be based on the establishment of residence by both parties in a county or state other than the county where the final decree of divorce was rendered.
(b)
If the court that granted the final decree agrees to transfer the case to another judicial district, the court shall enter an order transferring the case and charging the circuit clerk of the court of original jurisdiction to transmit forthwith certified copies of all records pertaining to the case.
(c)
Subsequent to the transfer to a county in another judicial district, if the party residing in the county to which the case has been transferred removes from that county or from the State of Arkansas, the case shall be transferred back to the county of original jurisdiction or the county of residence of the party still residing in the State of Arkansas.
(d)
The provisions of this section shall not repeal any laws or parts of laws in effect on March 3, 1975, relating to venue for divorce actions, but shall be supplemental thereto.
Acts 1975, No. 297, §§ 1, 2; A.S.A. 1947, §§ 34-1204.1, 34-1204.1n; Acts 1989, No. 184, § 1; 1999, No. 539, § 1; 1999, No. 1491, § 1; 2001, No. 1231, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-321 - Annulment of decree of divorce

The proceedings for annulling a final judgment for a divorce from the bond of matrimony shall be a joint petition of the parties, verified by both parties in person, filed in the court rendering the judgment, upon which the court may forthwith annul the divorce.
Civil Code, § 463; C. & M. Dig., § 3513; Pope's Dig., § 4395; A.S.A. 1947, § 34-1217
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-322 - Divorcing parents to attend parenting class

(a)
When the parties to a divorce action have minor children residing with one (1) or both parents, the court, prior to or after entering a decree of divorce, may require the parties to:
(1)
Complete at least two (2) hours of classes concerning parenting issues faced by divorced parents; or
(2)
Submit to mediation in regard to addressing parenting, custody, and visitation issues.
(b)
Each party shall be responsible for his or her cost of attending classes or mediation.
(c)
The parties may:
(1)
Choose a mediator from a list provided by the judge of those mediators who have met the Arkansas Alternative Dispute Resolution Commission's requirement guidelines for inclusion on a court-connected mediation roster; or
(2)
Select a mediator not on the roster, if approved by the judge.
(d)
A party may move to dispense with the referral to mediation for good cause shown.
Acts 1999, No. 704, § 1; 2001, No. 198, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-324 - Decree dissolving a covenant marriage

In all divorce decrees that dissolve a covenant marriage created under the Covenant Marriage Act of 2001, §
9-11-801
et seq., the court shall enter a finding that the marriage being dissolved is a covenant marriage.
Acts 2005, No. 1890, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 12 - DIVORCE AND ANNULMENT (§§ 9-12-101 — 9-12-325) › Subchapter 3 - ACTIONS FOR DIVORCE OR ALIMONY (§§ 9-12-301 — 9-12-325) › Section 9-12-325 - Condonation abolished

(a)
The defense of condonation to any action for absolute divorce or divorce from bed and board is abolished.
(b)
The abolition of the defense of condonation under this section shall not affect the application of §
9-12-308
.
Acts 2005, No. 182, § 1