42.0207 Presumption of condonation.

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Condonation may be presumed in all matrimonial actions and proceedings by the voluntary cohabitation of the parties with the knowledge of the offense charged.

History: 1962, PL 7-32; and 1975, PL 14-11 § 1.

Amendments: 1975 Substituted “condonation” for “condonement” in section heading and text.

Case Notes:

Application of equitable principles of estoppel and clean hands to action for annulment of formerly bigamous marriage was bolstered by territorial statutes providing that court “may” annul any marriage that was illegally contracted, and setting forth strict rules against judgment by default, collusive suits, and the granting of judgment in favor of a guilty party. A.S.C.A. §§ 42.0203, 42.0204-11. Watson v. Watson, 11 A.S.R.2d 30 (1989).

When condonation of a spouse’s misconduct exists, earlier misconduct cannot be grounds for divorce, but if the wrongdoer continues or revives his or her misconduct, condonation may be vitiated. A.S.C.A. § 42.0207. Sesepasara v. Sesepasara, 21 A.S.R.2d 71 (1992).