§ 291. When a married person deserts or fails to support his or her spouse
(a) When a married person without just cause fails to furnish suitable support for that
person’s spouse, or has deserted such spouse, or when a married person, for a justifiable
cause, is actually living apart from such spouse, on the complaint of either married
person, or, if the deserted spouse has a mental condition or psychiatric disability,
on the complaint of a guardian or next friend, the Superior Court, by its order, may
prohibit either spouse from imposing restraint on the other’s personal liberty for
such time as the court in such order directs, or until further order.
(b) Upon the application of the husband or wife, or of the guardian or next friend of
either spouse, such court may make such orders as it deems expedient concerning the
support of either spouse and the care, custody, education, and maintenance of the
minor children of the parties. It may determine with which of the parents the children,
or any of them, shall remain, and thereafter, from time to time, on similar application,
may revise and alter such order, or make a new order or decree, as the case requires.
(c) The complaint may be brought in the county in which either of the parties resides,
except that, if the complainant has left the county in which the parties have lived
together, the adverse party still residing therein, the complaint shall be brought
in that county.
(d) When complaint is made as provided in this section, a summons shall be issued to the
other party directing him or her to cause his or her appearance therein to be entered
not later than 21 days after the date of the service thereof and show cause why the
prayer of the complaint should not be granted, which summons and the complaint shall
be served on such party as provided by section 596 of this title.
(e) After filing such complaint the Superior Court in which the cause is pending, or a
Superior judge, on application of either party, may make such order concerning the
care and custody of such minor children, or the support of either spouse, during the
pendency of the complaint, as is deemed expedient and for the benefit of either spouse
or the children.
(f) When filed and recorded in the office of the clerk of a town, or served upon a private
corporation, such order shall be a lien upon such of the real estate and personal
property of the defendant in such town, and upon the stock of the defendant in such
corporation as is mentioned in the order.
(g) For the purposes of this section, “children” shall include stepchildren. (Amended 1971, No. 98, § 2, eff. April 22, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 201 (Adj. Sess.), § 8; 2013, No. 96 (Adj. Sess.), § 66.)