Fault vs No-fault Divorce in Utah
Emotions tend to run high in matters of divorce regardless of whether one or both partners share blame for the issues or conflicts in their marriage. These high emotions can make the divorce process seem daunting, especially when it comes to determining the reason one or both spouses may wish for the separation. Couples can file for either a fault or no-fault divorce in Utah, both of which require the filing spouse to state the grounds for divorce to the court.
Grounds for Fault vs No-fault Divorce in Utah
A ground for divorce is the legally accepted reason in which the filing spouse wishes for the separation. The Utah state legislature has established ten grounds they will accept during the divorce proceedings.
Fault Divorce
Of these ten grounds for divorce, eight of them are grounds for a fault or “at-fault” divorce in which the filing spouse claims the non-filing spouse has mistreated, neglected, or otherwise subjected them to mental, emotional, or physical harm or abuse. The court will review the evidence and make a decision on whether or not to grant the divorce based on the presented facts.
Under Utah Code §30-3-1(3), the following are listed as legal grounds for divorce where the respondent, or non-filing spouse, is held accountable or is the reason for the desired separation:
- Impotency at the time of marriage
- Adultery committed after legally married
- Willful desertion for more than one year
- Willful neglect or refusal to provide the petitioner (the filing spouse) the common necessaries of life
- Habitual drunkenness
- Conviction of a felony
- Cruel treatment to the extent of causing bodily injury or great mental distress
- Incurable insanity
In all cases, the filing spouse must provide evidence that the non-filing spouse is at fault for the fault divorce to be granted. This evidence can include witness testimonies, medical records, or other forms of proof that substantiate the claims of mistreatment, neglect, or abuse.
No-Fault Divorce
Not every couple wishes to assign blame, even if it may be rightly deserved. They may wish to effect the separation without the complexities of a fault divorce proceeding, so they can move on with their lives. In these cases, as well as cases where blame is either shared by both parties or simply unassigned, a no-fault divorce may be filed.
Grounds for no-fault divorce are as follows:
- Irreconcilable differences in the marriage
- When the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation
When filing for a no-fault divorce in Utah, a couple or individual must state the legal grounds under which they are filing. However, the causation (the exact issue or issues which caused the marriage to fall apart) for those grounds is not required to be stated.
Getting Help to File Fault or No-fault Divorce
Divorce is difficult, especially when you are trying to determine whether you should file for a fault or no-fault divorce. Don’t go through it alone. Adair and Evans’ experienced family law attorneys are here to support you, regardless of the grounds for the divorce. Let us take the load off your shoulders, so your divorce proceedings can go smoothly and you can get back to living your life with the peace of mind that comes from professional guidance.