Arkansas Marriage Laws | § 9-11-809 | Suit Against Spouse — Separation. Marriage Laws

Arkansas Code Annotated 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.

(Acts 2001, No. 1486, § 5.)

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More Arkansas Marriage Laws

§ 9-11-213 Persons who may solemnize marriages.
§ 9-11-101 Marriage a civil contract — Consent of parties.
§ 9-11-103 Minimum age — Exception.
§ 9-11-104 Minimum age — Lack of parental consent or misrepresentation of age — Annulment.
§ 9-11-106 Incestuous marriages — Penalties for entering into or solemnizing.
§ 9-11-107 Validity of foreign marriages.
§ 9-11-108 Presumption of spouse's death — Validity of subsequent marriage.
§ 9-11-109 Validity of same-sex marriages.
§ 9-11-202 Form of license.
§ 9-11-204 Issuance of license unlawfully — Penalty.
§ 9-11-206 Clerk's fees.
§ 9-11-207 Applicants for marriage licenses to be sober.
§ 9-11-208 License not issued to persons of the same sex.
§ 9-11-215 Marriage ceremony.
§ 9-11-210 Bond of applicant.
§ 9-11-212 Application without other's consent — Penalties — Damages.
§ 9-11-214 Recordation of credentials of clerical character.
§ 9-11-217 Failure to sign and return license at time of marriage — Penalty.
§ 9-11-218 Return of executed license to clerk — Effect on bond.
§ 9-11-219 False return or record — Penalty.
§ 9-11-221 Certified copies of record as evidence.
§ 9-11-301 Execution of contract.
§ 9-11-302 Acknowledgment or proof.
§ 9-11-801 Title.
§ 9-11-304 Effect of unrecorded contract.
§ 9-11-305 Contract or copy as evidence — Conclusiveness.
§ 9-11-701 Persons acting for clerk.
§ 9-11-702 Marriages performed by mayors.
§ 9-11-703 Recordation of credentials of clerical character — Applicability of § 9-11-214.
§ 9-11-704 Marriages solemnized out of county.
§ 9-11-706 Marriage before entry of divorce decree.
§ 9-11-705 Marriages solemnized by municipal court judges.
§ 9-11-803 Covenant marriage.
§ 9-11-805 Form of affidavit.
§ 9-11-806 Other applicable rules.
§ 9-11-809 Suit against spouse — Separation.
§ 9-11-810 Effects of separation.
§ 9-11-811 Informational pamphlet.
§ 9-11-211 Military personnel — Waiver of certain license requirements — Proceedings.
§ 9-11-201 Licenses required.
§ 9-11-216 Solemnization contrary to law — Penalty.
§ 9-11-203 Issuance by clerks.
§ 9-11-102 Minimum age — Parental consent — Definition.
§ 9-11-802 Definitions.
§ 9-11-105 Marriage of underage parties voidable.
§ 9-11-209 Proof of age — Parental consent.
§ 9-11-807 Applicability to already married couples.
§ 9-11-205 Notice of intention to wed — Noncompliance, penalties, and effect.
§ 9-11-220 Duty of clerk on return of license — Issuance of certificate.
§ 9-11-303 Recordation — Effect.
§ 9-11-804 Content of declaration of intent.
§ 9-11-808 Divorce or separation.