78B-3-101 - Husband and wife -- Actions -- Defense -- Absent spouse.
78B-3-101. Husband and wife -- Actions -- Defense -- Absent spouse.
(1) If a husband and wife are sued jointly, either or both may defend in each one's ownright or for both parties.
(2) Either party to a marriage may sue and be sued in the same manner as if the person isunmarried.
(3) When a spouse has deserted the family, the remaining spouse may prosecute ordefend in the absent spouse's name any action which the absent spouse might have prosecuted ordefended. All powers and rights the absent spouse might have shall be extended to the remainingspouse.
Enacted by Chapter 3, 2008 General Session