What is the difference between fault-based divorce and no-fault-based divorce?

Historically, spouses needed a "reason" to get divorced. The reason had to be good enough to satisfy the law that the divorce was not occurring due to frivolous reasons. These types of divorces were called "fault-based" divorces, because basically the court was determining at least one of the parties were at fault for doing something that led to the break-down of the marriage. In Utah, the legislature in writing Utah statutes and laws, have set forth various reasons that satisfy the fault-based divorce grounds. These reasons are codified in Utah Code Ann. 30-3-1, and include the following: impotency at the time of the marriage; adultery; willful desertion for more than one year, willful neglect to provide for the common necessaries of life; habitual drunkenness; conviction of a felony; cruel treatment to the extent of causing bodily harm or great mental distress; incurable insanity; or when the spouses have lived separately under a decree of separate maintenance for three consecutive years without cohabitation.

Today, very few divorces are granted under fault-based grounds. Most divorces are granted on no-fault-based grounds, which in Utah, is categorized as irreconcilable differences.

While fault-based grounds may have some impact in some cases in alimony or child custody, fault-based grounds do not impact property settlement, unless the court determines it equitable.

Whether you live in Sandy, Draper, Salt Lake City, or Saint George, Cedar City, or Fillmore, give us a call. We can take care of your uncontested divorce quickly and efficiently.