{"data":{"id":"us-ut/utah-code-81-4-405","jurisdiction":"us-ut","citation":"Utah Code § 81-4-405","heading":"Grounds for divorce.","body":"(1) A court may order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of:\n(a) impotency of the respondent at the time of marriage;\n(b) adultery committed by the respondent subsequent to marriage;\n(c) willful desertion of the petitioner by the respondent for more than one year;\n(d) willful neglect of the respondent to provide for the petitioner the common necessaries of life;\n(e) habitual drunkenness of the respondent;\n(f) conviction of the respondent for a felony;\n(g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;\n(h) irreconcilable differences of the marriage;\n(i) incurable insanity; or\n(j) when the petitioner and respondent have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.\n(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.\n(3)\n(a) A court may not order the dissolution of a marriage contract between the petitioner and the respondent on the grounds of insanity unless:\n(i) the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and\n(ii) the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable.\n(b) The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent.\n(c) A copy of the summons and petition shall be served on:\n(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\n(ii) the county attorney for the county where the action is prosecuted.\n(d) The county attorney shall:\n(i) investigate the merits of the case;\n(ii) if the respondent resides out of this state, take depositions as necessary;\n(iii) attend the proceedings; and\n(iv) make a defense as is just to protect the rights of the respondent and the interests of the state.\n(e) The petitioner or respondent may:\n(i) if the respondent resides in this state, upon notice, have the respondent brought into the court at trial; or\n(ii) have an examination of the respondent by two or more competent physicians to determine the mental condition of the respondent.\n(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.\n(g) The court shall apportion the costs of court in this action.","path":["Title 81 Utah Domestic Relations Code","Chapter 81-4 Dissolution of Marriage","Part 81-4-4 Divorce"],"source_url":"https://le.utah.gov/xcode/Title81/Chapter4/81-4-S405.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"01876e98476daa4a05bc03ab2664e541fdde31b4847b6ac9cea786097ed3eb2b","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-81-4-404","next":"us-ut/utah-code-81-4-406"},"notice":"GroundRules: Original legal text. Not legal advice."}