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30-2-3
Section 30-2-3 Divorce to be refused where collusion between parties, condonation, etc. No
judgment can be entered on the confession of the parties, or either of them, or if it appear
that adultery was committed by either, with the consent of the other, for the purpose of obtaining
a divorce, or where both parties have committed adultery, or where there has been a condonation
of adultery by the admission of the offending party to conjugal embraces after knowledge of
the commission of the crime, or when the husband knew of or connived at the adultery of the
wife. (Code 1852, §1966; Code 1867, §2356; Code 1876, §2690; Code 1886, §2327; Code 1896,
§1491; Code 1907, §3799; Code 1923, §7413; Code 1940, T. 34, §26.)...
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30-2-1
Section 30-2-1 Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties.
(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint
filed by one of the parties, entitled "In re the marriage of _____ and _____," for
the causes following: (1) In favor of either party, when the other was, at the time of the
marriage physically and incurably incapacitated from entering into the marriage state. (2)
For adultery. (3) For voluntary abandonment from bed and board for one year next preceding
the filing of the complaint. (4) Imprisonment in the penitentiary of this or any other state
for two years, the sentence being for seven years or longer. (5) The commission of the crime
against nature, whether with mankind or beast, either before or after marriage. (6) For becoming
addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine,
or other like drug. (7) Upon application of either the husband or wife,...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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30-2-50
Section 30-2-50 Allowance for support during pendency of action. Pending an action for divorce,
the court may make an allowance for the support of either spouse out of the estate of the
other spouse, suitable to the spouse's estate and the condition in life of the parties, for
a period of time not longer than necessary for the prosecution of the complaint for divorce.
(Code 1852, §1970; Code 1867, §2360; Code 1876, §2694; Code 1886, §2331; Code 1896, §1495;
Code 1907, §3803; Code 1923, §7417; Acts 1939, No. 44, p. 52; Code 1940, T. 34, §30; Acts
1979, No. 79-486, p. 894, §1.)...
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6-6-7
Section 6-6-7 Arbitrators - Power to subpoena witnesses, administer oaths and take depositions.
The arbitrators, or either of them, have power to subpoena witnesses at the request of either
of the parties and to administer all oaths which may be necessary in the progress of the case
and must, on the application of either party, issue commission to take the deposition of any
witness residing out of the county, which must be taken in the same manner as depositions
in the circuit court. (Code 1852, §2717; Code 1867, §3156; Code 1876, §3544; Code 1886,
§3229; Code 1896, §516; Code 1907, §2916; Code 1923, §6164; Code 1940, T. 7, §837.)...
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30-2-52
Section 30-2-52 Allowance upon grant of divorce for misconduct; certain property not considered.
If the divorce is in favor of either spouse for the misconduct of the other spouse, the judge
trying the case shall have the right to make an allowance to either spouse out of the estate
of either spouse, or not make an allowance as the circumstances of the case may justify, and
if an allowance is made, the misconduct of either spouse may be considered in determining
the amount; provided, however, that any property acquired prior to the marriage of the parties
or by inheritance or gift may not be considered in determining the amount. (Code 1852, §1972;
Code 1867, §2362; Code 1876, §2696; Code 1886, §2333; Code 1896, §1497; Code 1907, §3805;
Code 1923, §7419; Acts 1933, Ex. Sess., No. 127, p. 118; Code 1940, T. 34, §32; Acts 1979,
No. 79-486, p. 894, §1.)...
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30-2-51
Section 30-2-51 Allowance upon grant of divorce; certain property not considered; retirement
benefits. (a) If either spouse has no separate estate or if it is insufficient for the maintenance
of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a
spouse an allowance out of the estate of the other spouse, taking into consideration the value
thereof and the condition of the spouse's family. Notwithstanding the foregoing, the judge
may not take into consideration any property acquired prior to the marriage of the parties
or by inheritance or gift unless the judge finds from the evidence that the property, or income
produced by the property, has been used regularly for the common benefit of the parties during
their marriage. (b)(1) The marital estate is subject to equitable division and distribution.
Unless the parties agree otherwise, and except as otherwise provided by federal or state law,
the marital estate includes any interest, whether vested or...
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15-17-3
Section 15-17-3 Conviction where act may be committed by different intents, modes or means.
When the intent with which, the mode in or the means by which an act is done is essential
to the commission of the offense and such offense may be committed with different intents,
in different modes or by different means, if the jury is satisfied that the act was committed
with one of the intents, in one of the modes or by either of the means charged, it is sufficient;
and the jury must convict, although uncertain as to which of the intents charged existed,
in which mode or by which of the means charged such act was committed. (Code 1852, §644;
Code 1867, §4196; Code 1876, §4898; Code 1886, §4480; Code 1896, §5304; Code 1907, §6874;
Code 1923, §4020; Code 1940, T. 15, §313.)...
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30-4-56
Section 30-4-56 Offense deemed committed in county where wife or children present; extradition
of defendant from another state or county. Any offense under this article shall be held to
have been committed in any county in which such wife, child or children may be at the time
such complaint is made. Whenever the judge within whose jurisdiction an offense under this
article is alleged to have been committed shall, after an investigation of the facts and circumstances
thereof, certify that, in his opinion, the charge is well founded and the case a proper one
for extradition, or in any case, if the cost of extradition is borne by the parties interested
in the case, the person charged with having left the state with the intention of evading the
terms of his probation, or of abandoning or deserting his wife, child or children shall be
apprehended and brought back to the county having jurisdiction of the case, in accordance
with the law providing for the apprehension and return to this state...
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13A-6-157.1
Section 13A-6-157.1 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR
SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In addition
to any other remedy under this article, if the Attorney General has reason to believe that
any person, corporation, or any other legal entity is engaging in, has engaged in, or is about
to engage in any act or practice declared to be unlawful by this article, the Attorney General
may bring an action in the name of the state in the appropriate state court against the person,
corporation, or entity to restrain by temporary restraining order, or temporary or permanent
injunction, the acts or practices. (b) In addition to any other remedy under this article,
the Attorney General may bring a civil action on behalf of the state in the appropriate state
court to recover actual damages for victims of acts or practices performed in violation of
this article. (c) Venue for any action brought under this section is...
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