60-1601.Grounds for divorce or separate maintenance.(a) The district court shall grant a decree of divorce or separate maintenancefor any of the following grounds: (1) Incompatibility; (2) failure to performa material marital duty or obligation; or (3) incompatibility by reasonof mental illness or mental incapacity of one or both spouses.
(b) The ground of incompatibility by reason of mental illness or mentalincapacity of one or both spouses shall require a finding of either: (1)Confinement of the spouse in an institution by reason of mental illnessfor a period of two years, which confinement need not be continuous; or(2) an adjudication of mental illness or mental incapacity of the spouseby a court of competent jurisdiction while the spouse is confined in aninstitution by reason of mental illness. In either case, there must be afinding by at least two of three physicians, appointed by the court beforewhich the action is pending, that the mentally ill or mentally incapacitatedspouse has a poor prognosis for recovery from the mental illness or mentalincapacity, based upon general knowledge available at the time. A decreegranted on the ground of incompatibility by reason of mental illness ormental incapacity of one or both spouses shall not relieve a party fromcontributing to the support and maintenance of the mentally ill or mentallyincapacitated spouse. If both spouses are confined to institutionsbecause of mental illness or mental incapacity, the guardian of either spousemay file a petition for divorce and the court may grant the divorce on theground of incompatibility by reason of mental illness or mental incapacity.
History: L. 1963, ch. 303, 60-1601; L. 1965, ch.354, § 14; L. 1967, ch. 327, § 1; L. 1969, ch. 286, § 1; L. 1982,ch. 152, § 1; Jan. 1, 1983.
60-1601.Grounds for divorce or separate maintenance.(a) The district court shall grant a decree of divorce or separate maintenancefor any of the following grounds: (1) Incompatibility; (2) failure to performa material marital duty or obligation; or (3) incompatibility by reasonof mental illness or mental incapacity of one or both spouses.
(b) The ground of incompatibility by reason of mental illness or mentalincapacity of one or both spouses shall require a finding of either: (1)Confinement of the spouse in an institution by reason of mental illnessfor a period of two years, which confinement need not be continuous; or(2) an adjudication of mental illness or mental incapacity of the spouseby a court of competent jurisdiction while the spouse is confined in aninstitution by reason of mental illness. In either case, there must be afinding by at least two of three physicians, appointed by the court beforewhich the action is pending, that the mentally ill or mentally incapacitatedspouse has a poor prognosis for recovery from the mental illness or mentalincapacity, based upon general knowledge available at the time. A decreegranted on the ground of incompatibility by reason of mental illness ormental incapacity of one or both spouses shall not relieve a party fromcontributing to the support and maintenance of the mentally ill or mentallyincapacitated spouse. If both spouses are confined to institutionsbecause of mental illness or mental incapacity, the guardian of either spousemay file a petition for divorce and the court may grant the divorce on theground of incompatibility by reason of mental illness or mental incapacity.
History: L. 1963, ch. 303, 60-1601; L. 1965, ch.354, § 14; L. 1967, ch. 327, § 1; L. 1969, ch. 286, § 1; L. 1982,ch. 152, § 1; Jan. 1, 1983.
60-1601.Grounds for divorce or separate maintenance.(a) The district court shall grant a decree of divorce or separate maintenancefor any of the following grounds: (1) Incompatibility; (2) failure to performa material marital duty or obligation; or (3) incompatibility by reasonof mental illness or mental incapacity of one or both spouses.
(b) The ground of incompatibility by reason of mental illness or mentalincapacity of one or both spouses shall require a finding of either: (1)Confinement of the spouse in an institution by reason of mental illnessfor a period of two years, which confinement need not be continuous; or(2) an adjudication of mental illness or mental incapacity of the spouseby a court of competent jurisdiction while the spouse is confined in aninstitution by reason of mental illness. In either case, there must be afinding by at least two of three physicians, appointed by the court beforewhich the action is pending, that the mentally ill or mentally incapacitatedspouse has a poor prognosis for recovery from the mental illness or mentalincapacity, based upon general knowledge available at the time. A decreegranted on the ground of incompatibility by reason of mental illness ormental incapacity of one or both spouses shall not relieve a party fromcontributing to the support and maintenance of the mentally ill or mentallyincapacitated spouse. If both spouses are confined to institutionsbecause of mental illness or mental incapacity, the guardian of either spousemay file a petition for divorce and the court may grant the divorce on theground of incompatibility by reason of mental illness or mental incapacity.
History: L. 1963, ch. 303, 60-1601; L. 1965, ch.354, § 14; L. 1967, ch. 327, § 1; L. 1969, ch. 286, § 1; L. 1982,ch. 152, § 1; Jan. 1, 1983.
