Proceedings Generally; Right of Remarriage.

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Section 30-2-8

Proceedings generally; right of remarriage.

The proceeding must, in all respects, be conducted as other civil actions, except as herein otherwise directed. The cause for which the divorce is sought must be alleged in the complaint, to which the other party must be made a defendant. If service by publication shall be made, when necessary, in the manner provided in the Alabama Rules of Civil Procedure. In making his judgment, the judge shall, as the evidence and the nature of the case may warrant, direct whether the party against whom the judgment of divorce is made be permitted to marry again, and where in judgments no order is made disallowing the party the right to marry again, the party shall be deemed to have the right to remarry, subject to the restrictions set out in Section 30-2-10. In cases where the right is affirmatively disallowed to the divorced party to remarry, it shall be competent for the judge, upon motion and proper proof, to allow the moving party to marry again, as justice may seem to require.

(Code 1852, §1964; Code 1867, §2354; Code 1876, §2688; Code 1886, §2325; Code 1896, §1488; Code 1907, §3796; Code 1923, §7410; Code 1940, T. 34, §23; Acts 1943, No. 566, p. 569.)


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