Title 19, Chapter 5, Section 10
( 19-5-10)
(a) In divorce cases which are not defended by the responding party,
the judge shall determine that the asserted grounds for divorce are
legal and sustained by proof or shall appoint an attorney of the
court to discharge that duty for him. An evidentiary hearing for
the determination of the existence of the grounds for divorce and
for the determination of issues of alimony, child support, and child
custody and other issues is authorized but not required. If no
evidentiary hearing is held, the determination of such matters may
be made upon the verified pleadings of either party, one or more
affidavits, or such other basis or procedure as the court may deem
proper in its discretion. (b) The provisions of subsection (a) of this Code section shall
apply to proceedings pending on July 1, 1987, as well as to
proceedings filed on or after that date. (c) Any motion to set aside or other proceeding to attack a judgment
which attacks a judgment entered in a divorce case prior to July 1,
1987, and which is based upon an alleged failure to properly
establish evidence supporting the judgment must be commenced prior
to July 1, 1988, or thereafter be totally barred. The bar
established by this subsection is in addition to and not in lieu of
any other statute or rule of law which would operate as a bar to
such a motion or other proceeding; and this subsection shall not
operate to revive any otherwise barred right to prosecute any such
motion or other proceeding. |