42.0204 Application for separation or dissolution.

Cite as [A.S.C.A. § 42.0204]

(a) Application for judicial separation or for dissolution of a marriage contract on any ground set out in 42.0202 and 42.0203 may be made by either husband or wife by a petition to the court.

(b) Service shall be had upon the respondent as required by law.

History: 1962, PL 7-32.

Case Notes:

Application of equitable principles of estoppel and clean hands to action for annulment of formerly bigamous marriage was bolstered by territorial statutes providing that court "may" annul any marriage that was illegally contracted, and setting forth strict rules against judgment by default, collusive suits, and the granting of judgment in favor of a guilty party. A.S.C.A. §§ 42.0203, 42.0204-11. Watson v. Watson, 11 A.S.R.2d 30 (1989).

"Habitual cruelty or ill usage" in divorce statute includes such things as physical violence, threats, and gratuitous harassment. A.S.C.A. § 42.0204. Chun v. Chun, 3 A.S.R.2d 23 (1986).