What Qualifies as Grounds for Divorce in Utah? A Helpful Guide
- 2 days ago
- 2 min read
When someone decides to end a marriage, one of the first questions that comes up is: “Do I need specific grounds for divorce in Utah?” The short answer: Utah allows both no-fault and fault-based grounds, and understanding the difference can help you decide which option is right for your situation.
Here’s a clear breakdown of the legally recognized grounds for divorce in Utah.
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:
1. Adultery
When one spouse has engaged in sexual relations outside the marriage.
2. Willful Desertion
Abandonment for at least one year.
3. Willful Neglect
Failing to support or care for the spouse despite being able to do so.
4. Habitual Drunkenness
Long-term, excessive alcohol use that affects the marriage.
5. Felony Conviction
If a spouse has been convicted of a felony.
6. Cruel Treatment (Physical or Emotional Abuse)
This includes domestic violence or severe emotional harm.
7. Incurable Insanity
If a spouse has been declared legally insane and institutionalized.
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.
Contact Aspen Legal Services today to discuss your options.
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