When one party files for divorce, they must provide the court with grounds for divorce, further complicating this already stressful process.
There are many reasons for divorce; however, the cause must come down to whether the courts consider it an adequate reason. In other words, you must show the court that your marriage has irreversibly broken down and that you require a divorce.
Continue reading to learn more.
No-Fault Divorce in Utah
Many couples facing divorce choose to keep certain matters private. Airing dirty laundry in a public setting is not for everybody, and many couples, especially parents, may want to keep somewhat of an amicable relationship post-divorce. To meet the needs of these people, Utah courts allow divorcing couples to pursue a no-fault divorce.
For a judge to grant your divorce, you will need to explain to the court that your marriage has suffered irreconcilable differences. Most judges will not question motives and only require you to testify that you and your spouse cannot work things out. If you cannot prove irreconcilable differences to the court, you may be granted a no-fault divorce if you have lived separately for at least three consecutive years.
Fault Grounds for Divorce in Utah
There are eight fault groups for divorce under Utah divorce statutes in addition to no-fault grounds for divorce:
- Impotency of the respondent at the time of marriage
- The respondent committed adultery after marriage
- Respondent’s willful abandonment for the petitioner for one year or more
- Respondent’s willful neglect of petitioner’s everyday life necessities
- Habitual drunkenness of the respondent
- Conviction of the respondent for a felony
- Cruel treatment resulting in bodily injury or great mental distress to the petitioner by the respondent
- Insanity of the respondent that is incurable.
If you accuse your spouse of incurable insanity or marital misconduct, you must present evidence and prove to the court your claims are true. This may require witness testimonials or medical records.
Other Requirements for Divorce in Utah
Similarly to most other states, Utah has a residency requirement that must be met before filing for divorce that requires the filing party to have been a Utah resident for at least three continuous months. Additionally, Utah places a 30-day waiting period requiring at least 30 days between the date the petition was filed and the date of your divorce hearing unless waived. Either party can request that the waiting period be waived, but they must prove that extraordinary circumstances exist.
Contact The Ault Firm
Every divorce case is unique, and grounds for divorce can vary significantly. Therefore, it is crucial for individuals to seek guidance from a qualified and experienced family law attorney. Regardless of your reasoning, the professionals at The Ault Firm want to help.
If you are in Salt Lake City, West Jordan, or the surrounding area and are considering a divorce, we want to hear from you. Our team of attorneys has the knowledge, experience, and proven legal skills to help you succeed. Contact The Ault Firm to schedule a consultation today.
