Grounds for Divorce in Utah

(a) impotency of the respondent at the time of marriage;

(Impotency of the respondent at the time of marriage means that there was a physical or mental condition that existed that prohibited the consummation of the marriage. Consummation is the first sexual intercourse between a married couple. Respondent is the partner whom the Divorce Complaint was filed against.)

(b) adultery committed by the respondent subsequent to marriage;

(Adultery is the voluntary act of sexual intercourse between a married person and another individual who is not their marital partner.)

(c) willful desertion of the petitioner by the respondent for more than one year;

(The Respondent has been gone, by choice, for more than one year.)

(d) willful neglect of the respondent to provide for the petitioner the common necessaries of life;

(Basically, this translates to the respondent’s failure to be able to provide shelter, food, water, and clothing.)

(e) habitual drunkenness of the respondent;

(Habitual drunkenness is the frequent and repeated intoxication of the respondent by excessive indulgence. Hence, this is not just an occasional drink or drinking at a party. Rather, this is consummation well beyond that of an ordinary individual.)

(f) conviction of the respondent for a felony;

(Commit the felony crime – grounds for divorce are created.)

(g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;

(This is not just having a bad temper. This involves actions that cause physical or mental harm or anguish.)

(h) irreconcilable differences of the marriage;

(This is the ground for divorce that is most commonly cited in Divorce Complaints. This does not point to blame and one another. Essentially it means that neither party can get along well enough to sustain the marriage.)

(i) incurable insanity; or

(This is not the respondent’s conduct, but a mental health condition.)

(j) when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

(A decree of separate maintenance does not end the marriage. This involves actions like a divorce but on a temporary basis.)

If you would like to discuss grounds for divorce further, we welcome you to contact one of our experienced attorneys.

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