§ 15-5-3 - Separation of parties as ground for dissolution – Appeal.
SECTION 15-5-3
§ 15-5-3 Separation of parties as groundfor dissolution – Appeal. – (a) Whenever, in the trial of any petition for divorce from the bond ofmarriage or any petition for dissolution of a marriage, it shall be alleged inthe petition that the parties have lived separate and apart from each other forthe space of at least three (3) years, whether voluntarily or involuntary, thecourt shall, upon a finding that the allegation is true, enter a judgmentpending final judgment of divorce, which may include provisions for alimony.
(b) Final judgment shall not be entered until the expirationof twenty (20) days after entry of the judgment pending final judgment or, ifthe time for taking an appeal has been extended pursuant to Rule 4 of the Rulesof Appellate Procedure, Article I, Rule 4 of the Supreme Court Rules, until theexpiration of the extended period.
(c) Final judgment may be entered ex parte and in chamber onthe suggestion of the prevailing party.
(d) If no final judgment is presented to the court for entrywithin thirty (30) days next after the expiration of twenty (20) days from thedate of decision, after this a final judgment may be entered only in open courtand on motion.
(e) Notice of the filing of the motion shall not be requiredin cases in which the original petition is unanswered.
(f) The taking of an appeal shall operate as a stay of thejudgment during the pendency of the appeal. Upon motion and for good causeshown:
(1) The family court may, prior to the filing of a notice ofappeal, order that the judgment become final and operative immediately; and
(2) The supreme court may, in the event an appeal is taken,vacate the automatic stay provided under this section.