(a) Except as provided in subsection (b), the petition shall be dismissed if upon the evidence presented the court finds any of the following:
(1) that it has not been established that either the petitioner or respondent has been a bona fide and continuous resident of American Samoa for at least one year next preceding the commencement of the action or proceeding;
(2) that the petitioner has failed to prove the charge alleged in the petition;
(3) that the petitioner has, during the marriage, been an accessory to the offense, or connived with the respondent in the offense alleged in the petition;
(4) that the petitioner has been guilty of collusion with the respondent in presenting the petition or in the trial of the action or proceeding;
(5) that the petitioner has condoned the act or acts complained of in the petition.
(b) If the petitioner seeks a divorce under paragraph (5) of 42.0202, then paragraphs (a) (3) through (a) (5) are not grounds for dismissal of the petition.
History: 1962, PL 7-32; and 1993, PL 23-4.