Is Infidelity A Ground For Divorce In Utah?
According to Utah Code Section 30-3-1(3)(b), infidelity or adultery committed by a spouse subsequent to marriage is considered as a ground for divorce. In addition to infidelity, the following are also considered as grounds for divorce (Utah Code Section 30-3-1(3)) in Utah:
- One spouse was impotent at the time of marriage.
- One spouse willfully deserted the other for over a year.
- One spouse willfully neglected to provide the other spouse with bare necessities.
- One spouse was a habitual drunkard.
- One spouse got convicted for a felony.
- One spouse physically or mentally abused the other spouse.
- One of the spouses had/has incurable insanity.
- The spouses have irreconcilable differences.
- The spouses have lived separately for 3 consecutive years, without cohabiting, under a decree of separate maintenance awarded by any state.
Most Utahn couples cite irreconcilable differences as a ground for divorce because they don’t have to prove any fault and the divorce process becomes simple to complete.
Adultery And Alimony
If the petitioning spouse is the alimony receiver, then, after citing irreconcilable differences as a ground for divorce, that spouse may also prove fault, including infidelity, to get a higher share of alimony, child support, custodial rights, and marital property.
If on the other hand, the petitioning spouse is the alimony payer, and if he/she can prove to the courts that the defendant spouse committed adultery, and that this infidelity led to the divorce, then the courts may deny alimony or lower alimony to the spouse who committed adultery.
How Is Infidelity Proved?
Proving infidelity or adultery can be difficult. A spouse must provide both direct and circumstantial evidence of adultery, which includes:
- Circumstantial evidence that proves the cheating spouse was inclined to commit adultery when he/she got the opportunity to commit it
- Eyewitness testimony
- Private investigator reports and testimony
- Hotel/motel records
- Admission of guilt
- Photographs/videos/audio evidence/chat logs/love letters/GPS evidence
- Unusual money spent on gifts or whatever
- Social media posts
- Emails or other communications like texts that indicate adultery
Consult your divorce attorney on state laws related to adultery and ensure that your evidence is legitimate. Gathering evidence by illegitimate means such as hacking into your spouse’s computer, threatening him/her to admit guilt, installing key-logging software on your spouse’s computer, etc., may not stand up in court.
