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Utah Grounds for Divorce

The Petition for Divorce is the initial document filed with the Utah court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The court may decree a dissolution of the marriage according to one of the following grounds:

No-Fault Based Grounds:
(a) irreconcilable differences of the marriage; or living separate and apart without cohabitation for at least 3 years.

Fault Based Grounds:
(a) impotence at the time of the marriage; (b) adultery; (c) willful desertion for at least one year; (d) willful neglect of the respondent to provide for the petitioner the common necessaries of life; (e) habitual drunkenness of the respondent; (f) felony conviction; (g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner; (i) incurable insanity. (Utah Code - Sections: 30-3-1)

Every divorce case that is filed in the state of Utah must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the Utah grounds, visit the Utah state statutes located at: http://www.le.state.ut.us/.