- (1) If a husband and wife are sued jointly, either or both may defend in each one's own right or for both parties.
- (2) Either party to a marriage may sue and be sued in the same manner as if the person is unmarried.
(3)
- (a) When a spouse has deserted the family, the remaining spouse may prosecute or defend in the absent spouse's name any action which the absent spouse might have prosecuted or defended.
- (b) All powers and rights the absent spouse might have shall be extended to the remaining spouse.
Renumbered and Amended by Chapter 454, 2025 General Session