CHAPTER 25-4
DIVORCE AND SEPARATE MAINTENANCE
25-4-1
Marriage dissolved only by death or divorce--Status of parties after divorce.
25-4-2
Grounds for divorce.
25-4-3
Adultery defined.
25-4-4
Extreme cruelty defined.
25-4-5
Willful desertion defined--Special conditions applicable.
25-4-6, 25-4-7.
Repealed.
25-4-8
Refusal of intercourse as desertion--Refusal to live together.
25-4-9
Desertion by departure during absence of spouse induced by fraud.
25-4-10
Desertion by cruelty or threats causing departure of spouse.
25-4-11
Separation by consent not desertion.
25-4-12
Intent to desert formed during proper absence.
25-4-13
Desertion by refusal of reconciliation after separation.
25-4-14
Offer to return curing desertion--Refusal of offer as desertion.
25-4-15
Willful neglect defined.
25-4-16
Habitual intemperance defined.
25-4-17
Continuous period of desertion, neglect, or intemperance required.
25-4-17.1
Irreconcilable differences defined.
25-4-17.2
Dissolution of marriage--Legal separation--Continuance--Orders during
continuance--Consent of parties.
25-4-17.3
Use of affidavits to establish jurisdiction and grounds for divorce.
25-4-17.4
Validation of divorce granted without personal appearance.
25-4-18
Chronic mental illness as discretionary ground.
25-4-19
Grounds for denial of divorce.
25-4-20
Connivance defined.
25-4-21
Collusion defined.
25-4-22
Condonation defined--Required elements.
25-4-23
Condonation not implied by endurance of continuing conduct constituting
ground for divorce.
25-4-24
Fraudulent concealment of ground of divorce avoiding condonation.
25-4-25
Conjugal kindness as condition subsequent to condonation.
25-4-26
Revocation of condonation and revival of ground for divorce.
25-4-27, 25-4-28.
Repealed.
25-4-29
Lapse of time as ground for denial of divorce--Presumption of acquiescence--Other limitations not applicable.
25-4-30
Residence requirements for divorce or separate maintenance.
25-4-30.1
Venue of action--Change by defendant.
25-4-31, 25-4-32.
Repealed.
25-4-33
No presumption as to same domicile of parties--Separate domiciles after
separation.
25-4-33.1
Automatic temporary restraining order upon service.
25-4-34
Waiting period before trial of divorce and separate maintenance actions--Temporary orders and preliminary proceedings during waiting period--Validity
of proceedings commenced before 1964.
25-4-34.1
Validation of prior decrees granted on sixtieth day--Deadline for contesting
validity.
25-4-35
Validity of proceedings on service by publication under prior law.
25-4-36, 25-4-37.
Repealed.
25-4-38
Alimony pending action.
25-4-39
Separate maintenance granted on denial of divorce.
25-4-40
Action for separate maintenance without divorce--Alimony and support.
25-4-41
Allowance for support when divorce granted.
25-4-42
Security for payments required of spouse--Receivership--Allowance withheld
when recipient's estate sufficient.
25-4-43
Support payments through clerk of courts--Payment to social services when
assignment made to state--Back support--Accounting.
25-4-44
Division of property between parties.
25-4-45
Child custody provisions--Modification--Preference of child.
25-4-45.1
Fault not considered in awarding property or child custody--Exceptions.
25-4-45.2
Intervention by attorney general or state's attorney when support assigned to
state.
25-4-45.3
Adoption of fee schedule for home studies or investigations ordered by court in
custody proceedings.
25-4-45.4
Counsel appointed for child in certain divorce or custody proceedings--Duty of
counsel--Assistance--Costs.
25-4-45.5
Consideration of domestic abuse and assault conviction in custody award.
25-4-45.6
Consideration of conviction for death of other parent in custody award.
25-4-45.7
Protective orders and arrest reports considered in determining existence of
history of domestic abuse.
25-4-45.8
Consideration of reporting abuse falsely or without good cause in custody
award.
25-4-46
Alimony, support, property, and child custody provisions subject to review on
appeal.
25-4-47
Restoration of former name to wife--Validation of prior decrees.
25-4-48
Legitimacy of children after divorce for adultery of wife.
25-4-49
Legitimacy of children after divorce for adultery of husband.
25-4-50
Repealed.
25-4-51
Report of divorces to department of health.
25-4-52
Visitation rights for grandparents--Enforcement by circuit court.
25-4-53
Repealed.
25-4-54
Visitation rights of grandparents--Child placed for adoption.
25-4-55
Exclusion of child from custody proceedings.
25-4-56
Custody and visitation disputes--Mediation order--Exceptions--Investigation--Allocation of costs.
25-4-57
Court appointment of mediator.
25-4-58
Adoption of court rules establishing minimum qualifications of mediator.
25-4-58.1
Minimum Qualifications for Family Court Mediators.
25-4-58.2
Conduct of Family Court Mediators.
25-4-59
Privacy of mediation proceedings.
25-4-60
Confidentiality of mediation communications and mediator's work product.
25-4-61
Written mediated agreement--Signing--Court approval.
25-4-62
Recommendation by mediator to court upon parties' failure to agree.
25-4-63
Custody and visitation disputes--Appointment of parenting coordinator.