Title 81
Chapter 4
Part 4
Section 405
| Index | Utah Code |
| Title 81 | Utah Domestic Relations Code |
| Chapter 4 | Dissolution of Marriage |
| Part 4 | Divorce |
| Section 405 | Grounds for divorce.
(Effective 9/1/2024)
|
Effective 9/1/2024
81-4-405.
Grounds for divorce.
| (1) | A court may order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of:
| (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 petitioner and respondent have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation. |
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| (2) | A decree of divorce granted under Subsection (1)(j) does not affect the liability of either party under any provision for separate maintenance previously granted. |
| (3) |
| (a) | A court may not order the dissolution of a marriage contract between the petitioner and the respondent 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. |
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| (b) | The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent. |
| (c) | A copy of the summons and petition shall be served on:
| (i) | the respondent in person or by publication, as provided by the laws of this state in other actions for divorce, or upon the respondent's guardian ad litem; and |
| (ii) | the county attorney for the county where the action is prosecuted. |
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| (d) | The county attorney shall:
| (i) | investigate the merits of the case; |
| (ii) | if the respondent resides out of this state, take depositions as necessary; |
| (iii) | attend the proceedings; and |
| (iv) | make a defense as is just to protect the rights of the respondent and the interests of the state. |
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| (e) | The petitioner or respondent may:
| (i) | if the respondent resides in this state, upon notice, have the respondent brought into the court at trial; or |
| (ii) | have an examination of the respondent by two or more competent physicians to determine the mental condition of the respondent. |
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| (f) | For the purpose described in Subsection (3)(e), a party may have leave from the court to enter any asylum or institution where the respondent may be confined. |
| (g) | The court shall apportion the costs of court in this action. |
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Renumbered and Amended by Chapter
366, 2024 General Session