Title 30 Chapter 3 Section 1

Husband and Wife
Divorce
Section 1
Procedure -- Residence -- Grounds.

            

30-3-1.   Procedure -- Residence -- Grounds.

            (1) Proceedings in divorce are commenced and conducted as provided by law for proceedings in civil causes, except as provided in this chapter.

            (2) The court may decree a dissolution of the marriage contract between the petitioner and respondent on the grounds specified in Subsection (3) in all cases where the petitioner or respondent has been an actual and bona fide resident of this state and of the county where the action is brought, or if members of the armed forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders, for three months next prior to the commencement of the action.

            (3) Grounds for divorce:

            (a) impotency of the respondent at the time of marriage;

            (b) adultery committed by the respondent subsequent to marriage;

            (c) willful desertion of the petitioner by the respondent for more than one year;

            (d) willful neglect of the respondent to provide for the petitioner the common necessaries of life;

            (e) habitual drunkenness of the respondent;

            (f) conviction of the respondent for a felony;

            (g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;

            (h) irreconcilable differences of the marriage;

            (i) incurable insanity; or

            (j) when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

            (4) A decree of divorce granted under Subsection (3)(j) does not affect the liability of either party under any provision for separate maintenance previously granted.

            (5) (a) A divorce may not be granted on the grounds of insanity unless:

            (i) the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and

            (ii) the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable.

            (b) The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent. A copy of the summons and complaint shall be served on the respondent in person or by publication, as provided by the laws of this state in other actions for divorce, or upon his guardian ad litem, and upon the county attorney for the county where the action is prosecuted.

            (c) The county attorney shall investigate the merits of the case and if the respondent resides out of this state, take depositions as necessary, attend the proceedings, and make a defense as is just to protect the rights of the respondent and the interests of the state.

            (d) In all actions the court and judge have jurisdiction over the payment of alimony, the distribution of property, and the custody and maintenance of minor children, as the courts and judges possess in other actions for divorce.

            (e) The petitioner or respondent may, if the respondent resides in this state, upon notice, have the respondent brought into the court at trial, or have an examination of the respondent by two or more competent physicians, to determine the mental condition of the respondent. For this purpose either party may have leave from the court to enter any asylum or institution where the respondent may be confined. The costs of court in this action shall be apportioned by the court.


Amended by Chapter 47, 1997 General Session