§ 9-12-301 - Grounds for divorce.
               	 		
9-12-301.    Grounds for divorce.
    (a)  A  plaintiff who seeks to dissolve and set aside a covenant marriage shall  state in his or her petition for divorce that he or she is seeking to  dissolve a covenant marriage as authorized under the Covenant Marriage  Act of 2001,    9-11-801 et seq.
(b)  The  circuit court shall have power to dissolve and set aside a marriage  contract, not only from bed and board, but from the bonds of matrimony,  for the following causes:
      (1)  When either party, at the time of the contract, was and still is impotent;
      (2)  When either party shall be convicted of a felony or other infamous crime;
      (3)  When either party shall:
            (A)  Be addicted to habitual drunkenness for one (1) year;
            (B)  Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or
            (C)  Offer such indignities to the person of the other as shall render his or her condition intolerable;
      (4)  When either party shall have committed adultery subsequent to the marriage;
      (5)  When  husband and wife have lived separate and apart from each other for  eighteen (18) continuous months without cohabitation, the court shall  grant an absolute decree of divorce at the suit of either party, whether  the separation was the voluntary act of one (1) party or by the mutual  consent of both parties or due to the fault of either party or both  parties;
      (6)    (A)  In all  cases in which a husband and wife have lived separate and apart for  three (3) consecutive years without cohabitation by reason of the  incurable insanity of one (1) of them, the court shall grant a decree of  absolute divorce upon the petition of the sane spouse if the proof  shows that the insane spouse has been committed to an institution for  the care and treatment of the insane for three (3) or more years prior  to the filing of the suit, has been adjudged to be of unsound mind by a  court of competent jurisdiction, and has not been discharged from such  adjudication by the court and the proof of insanity is supported by the  evidence of two (2) reputable physicians familiar with the mental  condition of the spouse, one (1) of whom shall be a regularly practicing  physician in the community wherein the spouse resided, and when the  insane spouse has been confined in an institution for the care and  treatment of the insane, that the proof in the case is supported by the  evidence of the superintendent or one (1) of the physicians of the  institution wherein the insane spouse has been confined.
            (B)    (i)  In  all decrees granted under this subdivision (b)(6), the court shall  require the plaintiff to provide for the care and maintenance of the  insane defendant so long as he or she may live.
                  (ii)  The  trial court will retain jurisdiction of the parties and the cause from  term to term for the purpose of making such further orders as equity may  require to enforce the provisions of the decree requiring the plaintiff  to furnish funds for such care and maintenance.
            (C)    (i)  Service  of process upon an insane spouse shall be had by service of process  upon the duly appointed, qualified, and acting guardian of the insane  spouse or upon a duly appointed guardian ad litem for the insane spouse,  and when the insane spouse is confined in an institution for the care  of the insane, upon the superintendent or physician in charge of the  institution wherein the insane spouse is at the time confined.
                  (ii)  However,  when the insane spouse is not confined in an institution, service of  process upon the duly appointed, qualified, and acting guardian of the  insane spouse or duly appointed guardian ad litem and thereafter  personal service or constructive service on an insane defendant by  publication of warning order for four (4) weeks shall be sufficient; and
      (7)  When  either spouse legally obligated to support the other, and having the  ability to provide the other with the common necessaries of life,  willfully fails to do so.