597.10  Abandonment of either--proceedings.

In case the husband or wife abandons the other for one year, or leaves the state and is absent therefrom for such term, without providing for the maintenance and support of the family, or is confined in jail or the penitentiary for such period, the district court of the county where the abandoned party resides may, on application by petition setting forth the facts, authorize the applicant to manage, control, sell, and encumber the property of the guilty party for the support and maintenance of the family and for the purpose of paying debts. Notice of such proceedings shall be given as in ordinary actions, and anything done under or by virtue of the order or decree of the court shall be valid to the same extent as if the same was done by the party owning the property.

Section History: Early form

  [C51, § 1456-1459, 1461; R60, § 2508-2511, 2513; C73, § 2207; C97, § 3158; C24, 27, 31, 35, 39, § 10455; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 597.10]

Internal References

  Referred to in § 597.11, 597.13, 600.4

Footnotes

  Service of notice, R.C.P. 49-66


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