§ 20-2-105 — Divorce action for insanity; when permitted; conditions to bringing action; liability for support

(a) A divorce may be granted when either party has become
incurably insane and the insane person has been confined in a
mental hospital of this state or of another state or territory
for at least two (2) years immediately preceding the
commencement of the action for divorce.
(b) Upon the filing of a verified complaint showing that a
cause of action exists under this section, the district court
shall appoint some person to act as guardian of the insane
person in the action. The summons and complaint in the action
shall be served upon the defendant by delivering a copy of the
summons and complaint to the guardian and to the county attorney
of the county in which the action is brought.
(c) The county attorney upon whom the summons and
complaint is served shall appear for and defend the defendant in
the action. No divorce shall be granted under this section
except in the presence of the county attorney.
(d) In any action brought under this section, the district
courts possess all the powers relative to the payment of
alimony, the distribution of property and the care, custody and
maintenance of the children of the parties as in other actions
for divorce.
(e) Costs in the action, as well as the actual expenses of
the county attorney and the expenses and fees of the guardian,
shall be paid by the plaintiff. The expenses of the county
attorney and expenses and fees of the guardian shall be fixed
and allowed by the court, and the court may make such order as
to the payment of fees and expenses as may seem proper.