No-fault vs. Fault Divorce in Utah

Divorce brings unpleasant memories along with a challenging aftermath to deal with and affects your mental well-being. While dealing with divorce in Utah, you have most often searched for “Lawyer near me” so that you can get the the best lawyer and secure your legal rights. However, you must understand that in Utah, there are two grounds for filing a divorce -No-fault divorce and fault-based divorce. 

Therefore, you must understand the difference between both divorces. In this blog, you will gain deep knowledge of no-fault vs fault-based divorce in Utah.

Understanding no-fault and fault-based divorce

Before proceeding to the difference between no-fault and fault-based divorce, you must first understand them properly. Therefore, there are two types of divorce in Utah. No-fault divorce and Fault-based divorce.

• No-fault divorce

No-fault divorce is the type of divorce where both couples get separated because of their incompatible differences. They do not have to prove anyone responsible for their marriage failure. According to Utah laws, you can get a no-fault divorce easily if you file a petition for it or if you and your partner are living separated for three years.

• Fault-based divorce

Fault-based divorce is the type of divorce where the reason behind the legal separation between the couple is domestic violence, abusive demeanor, cruelty, adultery, and similar things. This divorce requires one spouse to prove the other partner is responsible for leading their marriage to fail.

However, you must keep in mind that if you are filing for a divorce in Utah, then at least one of the couples has to be a resident of Utah for a minimum of three months so that your case comes under the jurisdiction of Utah law.

Advantages of No-fault divorce

In a no-fault divorce, you will not have to go through court hearings, paperwork, and proving each other responsible for your marriage failure. You just have to file a divorce petition, go through the waiting period where you can even reconcile with your partner, and get separated peacefully, along with a fair division of assets, alimony, and child custody.

Challenges you have to face in a fault-based divorce

Fault-based divorce is more difficult than a no-fault divorce. Fault-based divorce can affect your mental well-being, and on top of that, you have to go through many legal proceedings, court hearings, and paperwork, and in the end, you have to prove that your partner is blamed for leading this marriage to failure. Mostly, in a fault-based divorce, you may have many differences regarding assets division, child custody, and spousal support.

If you are about to file a divorce in Utah, consider consulting your divorce attorney and choosing the right option for you.