Title 30 Husband and Wife Chapter 3 Divorce Section 16.7 Effect of petition -- Pendency of action.
30-3-16.7.Effect of petition -- Pendency of action.
The filing of a petition for conciliation under this act shall, for a period of 60 days
thereafter, act as a bar to the filing by either spouse of an action for divorce, annulment of
marriage or separate maintenance unless the court otherwise orders. The pendency of an action
for divorce, annulment of marriage or separate maintenance shall not prevent either party to the
action from filing a petition for conciliation under this act, either on his own or at the request and
direction of the court as authorized by Section 30-3-17; and the filing of a petition for conciliation
shall stay for a period of 60 days, unless the court otherwise orders, any trial or default hearing
upon the complaint. However, when the judge of the family court division is advised in writing
by a marriage counselor to whom a petition for conciliation has been referred that a reconciliation
of the parties cannot be effected, the bar to filing an action or the stay of trial or default hearing
shall be removed.
Enacted by Chapter 72, 1969 General Session
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