INVALIDITY OF MARRIAGES
- If the marriage is solemnized in this state and such marriage is prohibited by law for the reason of
- consanguinity or affinity between the parties,
- because either party had a wife or husband living at the time of solemnization, or
- because either party was not capable in law of contracting at the time of solemnization is absolutely void.
- Any issue of such a marriage is considered to be legitimate.
- Marriage may also be invalid incase the marriage is solemnized if one of the parties is under age of consent, marriage by fraud, lack of cohabitation, the marriage shall be deemed void, without any decree of divorce or other legal process.
- Where the marriage is of doubtful validity; either party may file a petition or bill
- in the circuit court of the county where the parties, or one of them reside, or
- in the court of chancery, for annulling the same,
Upon due proof of the nullity of the marriage, it shall be declared void by a decree or sentence of nullity.
- An action to annul a marriage on the ground that one of the parties was under the age of legal consent, may be brought by the parent or guardian entitled to the custody of the minor or by the next friend of the minor.
- A party to a marriage who, at the time of the marriage, was not capable in law of contracting and who later becomes capable in law of contracting may bring an action to annul the marriage.
- The court shall not, however, annul the marriage if the court finds that the parties cohabited as husband and wife after the party became capable in law of contracting.
There may be an order for annulment of marriage on the ground of force or fraud if there is no voluntary cohabitation of the parties as husband and wife.
COMPLAINT FOR DIVORCE
- A complaint for divorce may be filed in the circuit court upon the allegation that
- there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and
- there remains no reasonable likelihood that the marriage can be preserved.
- The defendant, by answer, may either admit the grounds for divorce alleged or deny them without further explanation.
- An admission by the defendant of the grounds for divorce may be considered by the court but is not binding on the court's determination.
A judgment dissolving the marriage is pronounced upon production of evidence that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
- A judgment of divorce shall be granted in an action for divorce if
- the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and,
- the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.
- A person may file a complaint for divorce in any county in the state without meeting the 10 days requirement if all of the following apply and are set forth in the complaint:
- The defendant was born in, or is a citizen of, a country other than the United States of America.
- The parties to the divorce action have a minor child or children.
There is information that would allow the court to reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.
DIVORCE CAUSE OCCURRING OUT OF STATE RESIDENCE
Whenever the cause for divorce has occurred out of this state, a decree of divorce shall be granted if the complainant or defendant shall have resided in this state one year immediately preceding the filing of the bill of complaint for the divorce.
CONDITIONS FOR DECREE
- No decree of divorce shall be granted in any case except when one of the following facts exists:
- The defendant is domiciled in this state at the time the bill of complaint for divorce is filed.
- The defendant shall have been domiciled in this state when the cause for divorce alleged in the bill or petition arose.
- The defendant shall have been brought in by publication or shall have been personally served with process in this state, or shall have been personally served with a copy of the order for appearance and publication within this state, or elsewhere, or has voluntarily appeared in the action or proceeding.
Whenever any such order shall be served outside this state, proof of such service shall be made by the affidavit of the person who shall serve the same.
ACTION FOR SEPARATE MAINTENANCE
- An action for separate maintenance may be filed in the Circuit Court in the same manner and on the same grounds as an action for divorce.
- In the complaint the plaintiff shall make no other explanation of the grounds for separate maintenance than by use of the statutory language.
- The defendant, by answer, may either admit the grounds for separate maintenance alleged or deny them without further explanation.
- An admission by the defendant of the grounds for separate maintenance may be considered by the court but is not binding on the court's determination.
- The defendant may also file a counterclaim for divorce.
- If the defendant files a counterclaim for divorce, the allegation contained in the plaintiff's complaint as to the grounds for separate maintenance may be considered by the court but is not binding on the court's determination.
- If evidence is presented in open court that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved, the court shall enter:
- A judgment of separate maintenance if a counterclaim for divorce has not been filed.
A judgment dissolving the bonds of matrimony if a counterclaim for divorce has been filed.
- In every action brought, either for a divorce or for a separation, the court may require either party to pay
- alimony for the suitable maintenance of the adverse party.
- such sums as shall be deemed proper and necessary to conserve any real or personal property owned by the parties or either of them.
- any sums necessary to enable the adverse party to carry on or defend the action, during its pendency.
- It may award costs against either party and award execution for the same, or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver.
The award of alimony may be terminated by the court on the day when the party receiving alimony remarries.
CUSTODY, AND SUPPORT OF MINOR CHILDREN
After the filing of a complaint in an action to annul a marriage or for a divorce or separate maintenance, on the motion of either party or the friend of the court, or on the court's own motion, the court may enter orders concerning the care, custody, and support of the minor children of the parties during the pendency of the action.
- The presumption of legitimacy of all children begotten out of the wedlock whether valid or invalid or dissolved marriage will prevail unless the contrary be shown.
- Upon the dissolution of a marriage because of
- a party's non-age at the time of the marriage, or
because a party was otherwise not capable in law of contracting at the time of the marriage,
the issue of the marriage are in all respects the legitimate issue of the parent who, at the time of the marriage, was capable of contracting.
- A suit to annul a marriage, on the ground of the physical incapacity of one of the parties, shall only be maintained by the injured party, against the party whose incapacity is alleged; and shall, in all cases, be brought within 2 years from the solemnization of the marriage.