93-5-17 - Proceedings to be had in open court.
§ 93-5-17. Proceedings to be had in open court.
(1) The proceedings to obtain a divorce shall not be heard or considered nor a judgment of divorce entered except in open court. A chancellor may, in his discretion, hear or consider proceedings to obtain a divorce in vacation and make and enter judgments of divorce in the same manner as he may in other cases that may be heard in vacation pursuant to Section 9-5-91. Any judgment made or entered contrary to the provisions of this section shall be null and void.
(2) The chancellor in vacation may, upon reasonable notice, hear complaints for temporary alimony, temporary custody of children and temporary child support and make all proper orders and judgments thereon.
(3) As used in this section, the term "chancellor in vacation" shall include any chancellor who is holding court at any location in any county in his district.
Sources: Codes, Hutchinson's 1848, ch. 34, art. 2 (2); 1857, ch. 40, art. 18; 1871, § 1773; 1880, § 1161; 1892, § 1568; 1906, § 1676; Hemingway's 1917, § 1418; 1930, § 1420; 1942, § 2742; Laws, 1922, ch. 233; Laws, 1974, ch. 482; Laws, 1976, ch. 451, § 4; Laws, 1985, ch. 432; Laws, 1990, ch. 428, § 1; Laws, 1991, ch. 573, § 132, eff from and after July 1, 1991.