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Legal Information: Utah

Divorce

Laws current as of September 19, 2024

What are the grounds for divorce in Utah?

Grounds are legally acceptable reasons for divorce. The judge may grant you a “no-fault” divorce in either of the following circumstances:

  • based on irreconcilable differences;1 or
  • when you and your spouse have lived separately with a court order of separate maintenance (alimony) from any state for three years in a row.2

A judge may grant you a fault-based divorce if you can prove that your spouse:

  • is a man who is unable to have sex (is “impotent”) at the time of the marriage;
  • had sex with someone else (adultery) after you got married;
  • stopped living with you as your spouse (“willful desertion”) for more than one year;
  • stopped providing for your common needs (“willful neglect”);
  • is habitually drunk;
  • was convicted of a felony;
  • is so cruel to you that s/he causes you physical injury or great mental distress; or
  • is incurably insane.3

1 Utah Code § 81-4-405(1)(h)
2 Utah Code § 81-4-405(1)(j)
3 Utah Code § 81-4-405(1)(a)-(1)(g), (1)(i)