In matters of divorce, things can get complicated quickly. When emotions are high and the stress from the estranged marital relationship builds, filing for divorce in Utah can feel daunting and add a slew of mixed emotions such as shame, confusion, desperation, guilt, and depression to the already complex situation. But it doesn’t have to feel this way. Having a firm grasp of the basics of divorce and seeking professional guidance can help you determine how to file and learn what to expect so you can quickly work through the divorce process.
Before anything else, the spouse filing for divorce must understand why they wish for the separation. Utah state legislature states there are ten official grounds for divorce the court will accept as legal reasons to dissolve the marriage. Once this reason is distinctly understood by the filing party, the person may proceed to file either a fault or a no-fault divorce.
Eight of the ten grounds for divorce are defined as “fault-base” or “at-fault.” When a spouse files for a fault-based divorce, they are claiming that the non-filing spouse has been neglected or mistreated in some form or another. It does not matter whether the harm was physical or not; mental and emotional harm can still be considered abusive or neglectful.
The eight at-fault grounds for divorce, as stated under Utah Code §81-4-405, hold the respondent, or the non-filing spouse, accountable for one or more of the following:
In all fault-based divorce proceedings, evidence must be provided by the filing spouse to substantiate the grounds for divorce. In other words, the petitioner is required to prove to the divorce court that the non-filing spouse has committed or is otherwise at fault as cited in the divorce petition. Evidence may include, but is not limited to, medical records, testimonies from witnesses, financial records, and correspondence between parties. After carefully reviewing the evidence, the court will determine whether or not to grant the divorce.
In no-fault divorce proceedings, the estranged couple or a single individual filing alone chooses to effect the separation without assigning blame. This approach may be preferred when both parties mutually agree to dissolve the marriage or feel the cause for the marital breakdown is shared by both spouses. However, for some individuals, filing a no-fault divorce may be a means to more easily get out of an abusive or neglectful marital relationship without invoking the stress, headache, and heartache often associated with fault-based processes.
Under the same Utah code, the grounds for no-fault divorce are listed as the following:
While the petitioner must state one of the two grounds for divorce listed above, it is important to note that the exact cause or issue(s) that lead to the desire for separation is not required to be stated to the court. This allows for a more streamlined proceeding, which can help preserve privacy and reduce potential emotional strain.
It is recommended that couples and individuals seek legal counsel from qualified professionals to help them determine whether a no-fault divorce is appropriate for their overall goals and specific circumstances.
Even after deciding to file for a no-fault divorce, there are still three more types of divorce to be aware of: uncontested, contested, and default. In simple terms, all three describe how the spouses work, or don’t work, through the divorce process.
If the spouses agree on all divorce settlements - finance and property division, child support and custody arrangements, and alimony - it is called an uncontested divorce. If, however, the parties can not agree, it is considered a contested divorce, and the court will decide for them to settle disputes.
Lastly, once the divorce has been filed, the proper paperwork must be served or delivered to the respondent within 120 days after the court filing. Utah state courts give the non-filing spouse 21 days if they live in the state or 30 days if they reside elsewhere. The court may grant a default divorce if the filing spouse has served their partner the divorce papers and followed all the legally required steps to notify the non-filing spouse, but the respondent cannot be reached or refuses to participate.
Divorce is complicated, but it doesn’t have to be overwhelming. When empowered with a basic understanding of Utah’s divorce laws and assisted by experienced attorneys, couples and individuals can work through the process quickly and avoid unnecessary strain.
