GROUNDS FOR DIVORCE

Chapter 4 Grounds for Divorce

Pertinent Utah Code. (See: http://le.utah.gov/xcode/code.html)

§30-3-1

A petition must include a statement for the grounds for divorce. Often, when parties can amicably agree to an uncontested divorce, the petitioner claims that the parties have ‘irreconcilable differences’. These differences can be any number of issues, including, but not limited to, financial differences, communication differences, lifestyle differences, and the like. However, Utah provides the following grounds for divorce that may be considered:

-Impotency of the respondent at the time of marriage;
-Adultery committed by the respondent subsequent to marriage;
-Willful desertion of the petitioner by the respondent for more than one year;
-Willful neglect of the respondent to provide for the petitioner the common necessaries of life;
-Habitual drunkenness of the respondent;
-Conviction of the respondent for a felony;
-Cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;
-Irreconcilable differences of the marriage;
-Incurable insanity; or
-When the husband and wife have lived separately under a decree of separate maintenance of any state for three (3) consecutive years without cohabitation.

Divorce Note: One of the final documents required by the court is one called ‘Affidavit of Grounds and Jurisdiction’. The Petitioner will include in this document that the court has jurisdiction over the parties and the subject matter, and the Petitioner’s affirmation that the grounds for divorce as stated in the petition are correct.