Can I force my spouse to divorce me?
I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent you from divorcing him/her.
Many people do not understand what no-fault divorce means. Some people mistakenly believe that no-fault divorce means, “My spouse cannot divorce me unless I am somehow at fault.” This is not true.
No fault divorce means that one can divorce his/her spouse regardless of whether his/her spouse has committed any marital fault.
What is marital fault, you may ask? each jurisdiction is a little different than another, but here is a basic list of what constitutes marital fault:
- Adultery
- Abandonment or desertion
- Bigamy
- Criminal conviction
- Cruelty
- Criminal conviction and/or imprisonment
- Culture, religion, and disease
- Financial backing
- Force or fraud in obtaining the marriage
- Impotence at time of marriage
- Insanity/Mental illness/Mental incapacity
- Marriage between close relatives
- Mental or physical abuse
- Willful neglect of spouse
- Refusing to engage in sexual intercourse with spouse
- Religious differences
- Sexual orientation
- Separation for an extended period of time
- Substance abuse
Just because no-fault divorce exists does not mean you cannot still file for divorce on a marital fault-based ground or several fault-based grounds.
Utah Family Law, LC | divorceutah.com | 801-466-9277
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