Unfortunately, life doesn’t always go the way we planned. Sometimes, even the best of things goes sour. That includes marriages.
So, are you thinking of ending your marriage? Then, it’s important to understand the law’s position on divorce in Salt Lake City.
Specifically, Utah law has both “no-fault” and “fault-based” grounds for divorce, each with its advantages. However, before choosing either one, you need to assess your circumstances. This will help you determine the best option that ensures a smoother divorce process.
In this article, we discuss “no-fault” and “fault-based” grounds and their implications.
Fault-Based Grounds for a Divorce
A fault-based ground for divorce is essentially a reason you give the court to explain why your marriage failed. However, family law in Salt Lake City does not require you to give one, as the law allows you to get a divorce without a reason.
As such, most people don’t use fault-based grounds because it can make things more complicated. But, in some cases, proving a fault might give you an edge in getting a fairer split of assets or spousal support.
Some of the fault-based grounds for divorce that the Salt Lake City law recognizes are:
#1. Impotence
If your spouse is physically unable to engage in sexual intercourse, this can be grounds for divorce. However, this is only valid if you didn’t know about this condition prior to the marriage.
#2. Adultery
If your spouse engages in extramarital affairs, you can use this as grounds for divorce. Nevertheless, it’s important to note that proving adultery can be difficult and may not always be necessary for obtaining a divorce.
#3. Willful Desertion
Willful desertion for more than a year is enough ground for a divorce. Willful desertion means that your spouse left without a valid reason and with no intention of returning.
#4. Cruelty
In Salt Lake City, cruelty by your spouse is a good cause for a divorce. This cruelty could be physical or mental. It should be up to a point where it’s unsafe or unhealthy for you to continue living with your partner.
#5. Felony Conviction
A felony conviction is a strong case for a divorce. For this to be effective, your spouse must have been convicted and sent to imprisonment for more than a year. However, you should note that the conviction has to have taken place after the marriage.
#6. Permanent Insanity
You could have a fault-based ground for divorce in a situation where your spouse has been declared legally insane. In addition, they should have experienced confinement in a mental institution. This has to be at least three years prior to the divorce petition.
No-Fault Grounds for a Divorce in Salt Lake City
In Salt Lake City, as in the rest of Utah, no-fault divorce is the most common way to dissolve a marriage. No-fault divorce means that nobody is held responsible for the end of the marriage. Instead, the couple simply states that the marriage is irretrievably broken.
No-fault divorce is often more amicable and less contentious than fault-based divorce. As such, it allows couples to focus on resolving issues such as asset division, child custody, and support.
Nevertheless, you should note that even in a no-fault divorce, there are still legal procedures to follow. This includes filing the necessary paperwork and attending court hearings.
The no-fault grounds for a divorce, which you can cite, are:
#1. Irreconcilable Differences
This is the most common reason cited for no-fault divorce. It means that you and your spouse have fundamental differences or issues that have led to the breakdown of the marriage.
You must also believe that these differences are serious and that there is simply no chance of reconciliation.
#2. Living Apart
In some situations, couples may live separately for an extended period before deciding to divorce. If you and your partner have lived apart for at least three years, this can be grounds for a no-fault divorce.
#3. Mutual Consent
Under the law, mutual consent is sufficient for a no-fault divorce. To establish mutual consent, you and your spouse must believe that your marriage is irretrievably broken and agree that the only solution is the dissolution of the marriage. To establish this, you and your partner must sign a statement stating that you consent to the divorce.
Conclusion
While divorce is never easy, understanding the grounds for divorce can help navigate the process with clarity and confidence.
Whether you are seeking a no-fault divorce or citing specific fault-based grounds, it’s important to consult with a qualified attorney. This ensures that your rights are protected throughout the process. Also, consulting a divorce attorney in Salt Lake City helps ensure that you follow the right steps for a divorce.