Current with legislation from 2024 Fiscal and Special Sessions.
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.