A spouse may be authorized by the court in a summary proceeding to act without the concurrence of the other spouse, upon showing all of the following: (1) The action is necessary. (2) The action is in the best interest of the petitioning spouse and not detrimental to the interest of the nonconcurring spouse. (3) The other spouse is an absent person or arbitrarily refuses to concur, or is unable to concur due to physical incapacity, mental incompetence, commitment, imprisonment, or temporary absence.
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