Is Utah an At-Fault Divorce State?

Before 1987, Utah was an at-fault divorce state. To obtain a divorce decree, a spouse had to allege marital misconduct on the part of the other spouse and conclusively prove his/her allegations in the courts. As the number of divorces increased, the at-fault divorce system – involving a lengthy procedure with multiple trial rounds – led to a growing backlog of unresolved cases, thus heavily straining the judicial system. Moreover, alleging and proving marital misconduct led to unnecessary acrimony, deceit, and counter-allegations between the spouses, making getting a divorce a very unpleasant experience.

Therefore, in 1987, Utah reformed its divorce laws and made them simpler by including “irreconcilable differences” as a sufficient ground for divorce. Spouses did not have to allege or prove that the other spouse was guilty of marital misdemeanors, and they could now obtain a divorce decree without washing their dirty laundry in the courts – hence the name no-fault divorce.

So now, under Utah Code Section 30-3-1, a spouse can choose to file for a no-fault divorce by citing irreconcilable differences as grounds for divorce. That said, a spouse is still allowed to file for the old-style divorce by alleging and proving marital misconduct (at-fault).

Technically, this makes Utah a hybrid divorce state, a mix of at-fault and no-fault divorce systems. Practically, however, almost all spouses these days prefer to file a no-fault divorce to avoid legal headaches, unpleasantness, and uncalled-for delays. That way Utah may be considered majorly a no-fault state.

Grounds for Divorce in Utah (Code Section 30-3-1) as of July 2022

The respondent was impotent at the time of marriage.
The respondent committed adultery during the marriage.
The respondent willfully deserted the petitioner for more than one year.
The respondent willfully neglected to provide basic life necessities to the petitioner.
The respondent is a habitual drinker.
The respondent is convicted of a felony.
The respondent has meted out cruel treatment to the petitioner and his actions have caused bodily injury or great emotional distress to the petitioner.
The couple has irreconcilable differences.
The respondent has been declared as insane by appropriate authorities of any state and competent witnesses testify that the insanity is incurable.
The husband and wife have lived separately for three consecutive years, without cohabiting, under a decree of separate maintenance issued in any state. (Cohabiting means living together under the same roof and having a romantic or sexual relationship.)

Impact on Alimony, Marital Property Distribution, and Child Custody

According to Utah Code Section 30-3-5, if the Utah courts are provided evidence that one or more of the following reasons led to divorce:

The respondent engaged in sexual relations with a person other than the petitioner.
The respondent intentionally caused or attempted to cause physical harm to the petitioner or the child.
The respondent intentionally caused the petitioner or the child to fear for their life.
The respondent substantially undermined the financial stability of the petitioner or the child.

Then the courts can take these wrongdoings into account and award higher alimony. This is valid even if the petitioner files for a no-fault divorce. Also, in many cases, Utah’s courts can even award a higher share of the marital property or more parenting time to the petitioner if they find the respondent engaged in the above behavior.

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Greg Misener

Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.

Mack

I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.

Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.

Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

Christie Cisneros

I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!

Halie Bates

Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.

Jessica Lance

Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.

Amy Christensen

This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.

Kenzie Murphy

Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.