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What Qualifies as Grounds for Divorce in Utah? A Helpful Guide

  • Apr 8
  • 2 min read

No-Fault Grounds for Divorce in Utah

Most people file under no-fault grounds, because it’s simpler and avoids the need to prove misconduct.


Utah allows two no-fault grounds:


1. Irreconcilable Differences

This is the most common ground. It simply means the marriage cannot be repaired.


2. Living Separately for Three Years Under a Court Order

If spouses have lived apart for three consecutive years under a decree of separate maintenance, this can qualify as grounds.

Most Utah divorces use the “irreconcilable differences” option because it’s faster and doesn’t require evidence.



Fault-Based Grounds for Divorce in Utah

Fault-based grounds can be used when one spouse wants to show that the other’s actions directly caused the breakdown of the marriage. These may impact issues like alimony, custody, and property division.


Utah recognizes the following fault-based grounds:

  • Adultery

  • Willful desertion

  • Willful neglect

  • Habitual drunkenness

  • Felony conviction

  • Cruel treatment (physical or emotional abuse)

  • Incurable insanity


Should You File Under Fault or No-Fault?

Most people choose no-fault because it:

  • Requires less proof

  • Avoids exposing personal details in court

  • Usually moves faster

  • Reduces conflict

However, filing under fault grounds may be useful if:

  • You need to show abuse or wrongdoing

  • You want to request alimony based on marital misconduct

  • The behavior directly impacted finances or family stability

An attorney can help determine whether using fault grounds may benefit your case.



Do You Need Evidence for Fault Grounds?

Yes. If you file under fault-based grounds, you must provide proof, such as:

  • Text messages, emails, or photos

  • Witness statements

  • Police reports

  • Medical or financial records

  • Expert testimony (in some cases)

Without evidence, the court may default back to no-fault.


How Grounds Affect the Divorce Process

While grounds establish the legal basis for divorce, they can also affect:

  • Alimony (fault can increase or reduce payments)

  • Child custody decisions (if misconduct impacts parenting ability)

  • Division of assets (in certain cases)

Choosing the correct grounds helps build a clear foundation for the rest of the case.



Considering Divorce in Utah? We’re Here to Help

Understanding grounds for divorce is just the first step. At Aspen Legal Services, we help clients across Utah and Salt Lake City navigate the entire process with clarity and support.

If you’re unsure which grounds apply to you — or what to do next — we’re here to guide you.



If you are considering divorce in Utah, contact Aspen Legal Services today. We can help you understand your options, determine the right legal grounds, and guide you through every step of the process.


Call now or schedule a consultation to get the support you need.



 
 
 

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