Utah Ground Rules

What are the grounds for divorce in Utah?

A divorce may be granted in Utah divorce law for any of the following grounds:

1. impotency of the respondent at the time of marriage;
2. adultery committed by the respondent subsequent to marriage;
3. willful desertion of the petitioner by the respondent for more than one year;
4. willful neglect of the respondent to provide for the petitioner the common necessaries of life;
5. habitual drunkenness of the respondent;
6. conviction of the respondent for a felony;
7. cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;
8. irreconcilable differences of the marriage;
9. incurable insanity. A divorce may not be granted on the grounds of insanity, according to Utah divorce law, unless:
   1. the repondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and
   2. the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable.
10. when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

Annulment

In Utah divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to a divorce attorney. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.

Documentation

You’ll need to provide your divorce lawyer with the following documentation, in order to proceed with your dissolution under Utah divorce law. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Personal Data

• Full addresses and phone numbers of both parties.
• Full names, birth dates, and addresses of all children of the marriage, their school and grade.
• Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
• A copy of any domestic contracts (e.g. a prenuptial agreement).
• Information about any previous legal proceedings between the spouses or involving any of the children.
• Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.

Financial Data

• Your previous year’s income tax return, and any related data from the IRS.
• Information about your current income, e.g. a current pay slip.
• A list of substantial assets and liabilities of both spouses.