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.
(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.
(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.
(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.
(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.
(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.

Renumbered and Amended by Chapter 366, 2024 General Session