19-6-10

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19-6-10.
When spouses are living separately or in a bona fide state of separation and there is no action for divorce pending, either party, on the party´s own behalf or on the behalf of the minor children in the party´s custody, if any, may institute a proceeding by petition, setting forth fully the party´s case. Upon three days´ notice to the other party, the judge may hear the same and may grant such order as he might grant were it based on a pending petition for divorce, to be enforced in the same manner, together with any other remedy applicable in equity, such as appointing a receiver and the like. Should the petition proceed to a hearing before a jury, the jury may render a verdict which shall provide the factual basis for equitable relief as in Code Section 19-6-9. However, such proceeding shall be held in abeyance when a petition for divorce is filed bona fide by either party and the judge presiding has made his order on the motion for alimony. When so made, the order shall be a substitute for the aforesaid decree in equity as long as the petition is pending and is not finally disposed of on the merits.