§ 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.

Legislative History

Acts 2001, No. 1486, § 5