30-3-1 - Procedure -- Residence -- Grounds.
30-3-1. Procedure -- Residence -- Grounds.
(1) Proceedings in divorce are commenced and conducted as provided by law forproceedings in civil causes, except as provided in this chapter.
(2) The court may decree a dissolution of the marriage contract between the petitionerand respondent on the grounds specified in Subsection (3) in all cases where the petitioner orrespondent has been an actual and bona fide resident of this state and of the county where theaction is brought, or if members of the armed forces of the United States who are not legalresidents 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 necessariesof 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 bodilyinjury 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 separatemaintenance of any state for three consecutive years without cohabitation.
(4) A decree of divorce granted under Subsection (3)(j) does not affect the liability ofeither 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 oranother state prior to the commencement of the action; and
(ii) the court finds by the testimony of competent witnesses that the insanity of therespondent is incurable.
(b) The court shall appoint for the respondent a guardian ad litem who shall protect theinterests of the respondent. A copy of the summons and complaint shall be served on therespondent in person or by publication, as provided by the laws of this state in other actions fordivorce, or upon his guardian ad litem, and upon the county attorney for the county where theaction is prosecuted.
(c) The county attorney shall investigate the merits of the case and if the respondentresides out of this state, take depositions as necessary, attend the proceedings, and make adefense 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, thedistribution of property, and the custody and maintenance of minor children, as the courts andjudges 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 bytwo or more competent physicians, to determine the mental condition of the respondent. For thispurpose 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