Fault And No-Fault Divorces In Utah

Utah residents do not have to provide a reason for divorcing in the state. They have the right to file a no-fault divorce because of “irreconcilable differences.”

Many couples in the state choose this after growing apart or not having the same interests anymore. Also, claiming irreconcilable differences is the simplest way to file for and get divorced.

Reasons someone may not file a no-fault divorce

For some couples, though, filing for a no-fault divorce does not suit their needs. This is common for those who are religious and who are uncomfortable with the thought of this.

In these cases, it is possible to file a fault divorce and show that the other party is responsible for the dissolution of the marriage. This is true even if the other person filed for divorce.

Utah is one of the states that still recognizes both fault and no-fault divorces. Some of the grounds for divorce you can claim when filing for divorce include the following:

  • Three years of being separated
  • Adultery
  • Incurable insanity
  • Impotency
  • Cruel treatment resulting in bodily injury or mental distress
  • Abandonment or desertion
  • Felony convictions
  • Substance abuse or habitual drunkenness
  • Neglect

If you plan to file a fault-based divorce, evidence is required to support your claim. However, no evidence is required if you file a no-fault divorce due to irreconcilable differences.

The rise in popularity of no-fault divorces

If you have to prove that your spouse abused you, cheated on you or is impotent, the divorce process candrag on much longer than a divorce that does not require this. You will have to spend time and resources going to court and collecting evidence. Not only is this more stressful, but it is also more expensive.

While this is true, both fault and no-fault divorces are available in Utah, and you can choose the one that makes sense for your situation. You have legal rights in both situations.