Title 19, Chapter 6, Section 27
( 19-6-27)
(a) Whenever, in any foreign country or any other state of the
United States, any person obtains a divorce from such person's
spouse, which spouse at the time of the filing of the divorce action
was a resident of this state, and in the divorce action the spouse
was not personally served with petition and process but was served
constructively and did not appear, plead, or otherwise waive
jurisdiction of the foreign court, the spouse, at any time
subsequent to the granting of the foreign divorce decree, may apply
to the superior court for an order and judgment for permanent
alimony for the support of such spouse and the child or children of
the parties, if any. The permanent alimony action shall be filed,
pleaded, and tried as if no divorce decree had been entered, even
though the foreign decree may be entitled to full faith and credit
in dissolving the marriage. If the person who obtained the divorce
has become a resident of this state, the action for alimony shall be
brought in the county of the person's residence; otherwise, the
action shall be brought in the county in which the spouse applying
for alimony resides. (b) The procedure provided for in subsection (a) of this Code
section shall not be available for the support of any child or
children whose custody and support was legally adjudicated in the
foreign court unless custody of the child or children is
subsequently changed by a court having jurisdiction of the parties. (c) A petition brought under this Code section shall be served upon
the person who obtained the divorce, as in actions for permanent
alimony, and shall be heard by the judge unless a jury trial is
demanded by either party to the case. The judgment shall be
reviewable as in other cases. The order or judgment shall be subject
to modification upon a change of condition, in the same manner that
other orders or judgments for permanent alimony are subject to
modification. |