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Grounds for Divorce in Utah

grounds for divorce in utah

Divorce can be lethal but sometimes it is a necessity, and the couple has to go through this process, failing which might lead to severe misunderstanding and terrible fight. However, the couple had lots of thing to keep in mind and these things make the perfect grounds for divorce.

Enjoying a healthy and happy married life is the dream of most of the people. However, most of the wives, these days are desperate and they find so many bad habits in their husband. Similarly, the husbands are also desperate and they too find it very hard to decide that their wife is really loving them or not. Undoubtedly, they go for the divorce. However, proper ground is to be made in order to file the case for divorce.

Marriage and the spousal relationship is a very delicate issue and hence it is definitely very important for the couples to understand them in detail and elaborately. Only then, a marriage can be successful. If the wife finds the husband involved in some illegal activities then they should definitely try to talk to their husband and try to solve the issue inside the house.

Dissolution of marriage is a stressful and painful process for both individuals involved however; getting it is not that complex. Understanding grounds for divorce can be of real help as far as law is concerned and has evolved over the years. The law allows a spouse to select either a “no-fault divorce” or “at-fault divorce”. Under “no-fault divorce” the spouse suing for the divorce is not required to proof other spouse’s fault. Simply provide a valid reason recognized by the law and you can get the divorce easily. However, it is a must that the couple should be living separately for a certain period of months or years as required by Utah’s law.

In no-fault grounds for divorce, the conduct of both spouses is irrelevant to granting a decree in divorce. A no-fault divorce can be granted in two circumstances:

Mutual consent: If both you and your spouse consent that the marriage is irreversibly damaged or cannot be repaired, a divorce can be granted. Each partner must file an affidavit affirming that they agree to the divorce. After filing for the divorce, the parties must wait 90 days to file their respective consents. Once the consents are filed, the Court may enter a decree in divorce.

Without consent: If you and your spouse have lived apart for a period of at least two years, you can file a complaint stating that the marriage is permanently damaged and ask for a divorce.To be granted a divorce under these conditions, your spouse must not contradict that the marriage is irreversibly broken and that you have lived apart for two years. If those two facts are established, a divorce can be granted without the consent of the other party.

A judge may allow a divorce under fault-based grounds if you can prove one of the following things: Abandonment without a reasonable cause: This means your partner has been absent from the residence for a period of one plus years without legitimate reason. Adultery: Your spouse has been unfaithful to your marriage, there by having an extramarital affair. Cruel and brutal treatment: This can include acts of domestic violence or other instances where you felt your spouse treated you in a way that put your health or life at risk. Bigamy: It’s unlawful to marry someone if they were still legally married to a prior spouse. Imprisonment: If your spouse was sentenced to two or more years of jail time for a crime they committed.
To overrule this wait period required in a “no-fault divorce”, couples opt for “at-fault divorce” where one spouse has to give proof of other spouse’s fault or an act incompatible to the marriage. This also sometimes benefits the suing spouse with a greater share of marital property or more alimony. Spouses filing an “at-fault divorce” traditionally do it on following grounds:

1. Infidelity: Trust is the basic building block of a happy marriage and if that is broke the marriage can’t survive. Spouses may become unfaithful due to lack of commitment towards marriage, resentment, sexual boredom, communication gap, etc.

2. Cruelty: Physical, psychological and emotional abuse: Any danger to your physical and emotional health because of your spouse has clear grounds for divorce. This includes physical violence, manhandling, constant negative reinforcement, yelling, humiliation, etc.

3. Sexual incompatibility: Sex life of the couples plays prime role in driving their married life. In most cases problems start building in the bedroom. Lack of sexual preferences and understanding between the couples exacerbates the differences giving birth to incongruity.

4. Desertion for certain length of time: If the couple is not living together for a certain length of time or one of the spouse has abandon the other has clear grounds for divorce.

5. Financial problems: Finances play a crucial role in keeping a marriage alive. Economic strains and disagreement between couples on allocation of money and resources can lead to dissolution of a happy marriage. Sometimes spouse’s addiction for shopping or gambling etc. further worsens the economic tensions between the couples.

6. Differences in priorities and expectations: When spouses are unable to define their priorities as a couple, it affects their marriage the most. Lack of fulfillment of expectations results in frustration and discontentment leading to split.

It is an accepted fact that divorce is a emotionally churning process but the fact can also not be denied that sometimes it is for the good of the both the individuals and families involved. It is inevitable to understand the correct ground for your split and do it legally to make it less excruciating.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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