30-3-16.7 - Effect of petition -- Pendency of action.
30-3-16.7. Effect of petition -- Pendency of action.
The filing of a petition for conciliation under this act shall, for a period of 60 daysthereafter, act as a bar to the filing by either spouse of an action for divorce, annulment ofmarriage or separate maintenance unless the court otherwise orders. The pendency of an actionfor divorce, annulment of marriage or separate maintenance shall not prevent either party to theaction from filing a petition for conciliation under this act, either on his own or at the request anddirection of the court as authorized by Section 30-3-17; and the filing of a petition for conciliationshall stay for a period of 60 days, unless the court otherwise orders, any trial or default hearingupon the complaint. However, when the judge of the family court division is advised in writingby a marriage counselor to whom a petition for conciliation has been referred that a reconciliationof the parties cannot be effected, the bar to filing an action or the stay of trial or default hearingshall be removed.
Enacted by Chapter 72, 1969 General Session