Utah Code 81-4-405. Grounds for divorce
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(1) A court may order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of:
Terms Used In Utah Code 81-4-405
- Cohabitation: means the same as the term, "cohabit" is defined in Section
81-4-501 . See Utah Code 81-4-401 - Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means :(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section
78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Petitioner: means the individual who brings a petition for divorce. See Utah Code 81-4-401
- Respondent: means the individual against whom a petition for divorce is brought. See Utah Code 81-4-401
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Summons: Another word for subpoena used by the criminal justice system.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1)(a) impotency of the respondent at the time of marriage;(1)(b) adultery committed by the respondent subsequent to marriage;(1)(c) willful desertion of the petitioner by the respondent for more than one year;(1)(d) willful neglect of the respondent to provide for the petitioner the common necessaries of life;(1)(e) habitual drunkenness of the respondent;(1)(f) conviction of the respondent for a felony;(1)(g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;(1)(h) irreconcilable differences of the marriage;(1)(i) incurable insanity; or(1)(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)(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:(3)(a)(i) the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and(3)(a)(ii) the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable.(3)(b) The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent.(3)(c) A copy of the summons and petition shall be served on:(3)(c)(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(3)(c)(ii) the county attorney for the county where the action is prosecuted.(3)(d) The county attorney shall:(3)(d)(i) investigate the merits of the case;(3)(d)(ii) if the respondent resides out of this state, take depositions as necessary;(3)(d)(iii) attend the proceedings; and(3)(d)(iv) make a defense as is just to protect the rights of the respondent and the interests of the state.(3)(e) The petitioner or respondent may:(3)(e)(i) if the respondent resides in this state, upon notice, have the respondent brought into the court at trial; or(3)(e)(ii) have an examination of the respondent by two or more competent physicians to determine the mental condition of the respondent.(3)(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.(3)(g) The court shall apportion the costs of court in this action.