§ 20-2-102 — Petition by spouse for support

When the husband and wife are living separately, or when they
are living together but one (1) spouse does not support the
other spouse or children within his means, and no proceeding for
divorce is pending, the other spouse or the department of family
services may institute a proceeding for support. No less than
five (5) days after notice is personally served upon the
nonsupporting spouse, the court may hear the petition and grant
such order concerning the support of the spouse or children as
it might grant were it based on a proceeding for divorce. If the
nonsupporting spouse cannot be personally served within this
state but has property within the jurisdiction of the court, or
debts owing to him, the court may order such constructive
service as appears sufficient and proper and may cause an
attachment of the property. Upon completion of constructive
service the court may grant relief as if personal service was
had.