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: impotency of the respondent at the time of marriage; adultery committed by the respondent subsequent to marriage; willful desertion of the petitioner by the respondent for more than one year; willful neglect of the respondent to provide for the petitioner the common necessaries of life; habitual drunkenness of the respondent; conviction of the respondent for a felony; cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner; irreconcilable differences of the marriage; incurable insanity; or 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 court may not order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of insanity unless: the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable. The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent. A copy of the summons and petition shall be served on: 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 the county attorney for the county where the action is prosecuted. The county attorney shall: investigate the merits of the case; if the respondent resides out of this state, take depositions as necessary; attend the proceedings; and make a defense as is just to protect the rights of the respondent and the interests of the state. 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 by two or more competent physicians to determine the mental condition of the respondent. 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. The court shall apportion the costs of court in this action.