If your life partner has a low IQ, is divorce an option?

Yes, but not for the reason you may think.

In the age of no-fault divorce, you don’t really need to persuade the court to grant you a divorce. Divorce is essentially available on demand. Your spouse’s IQ need not have anything to do with it.

Some people think “no-fault divorce” means that “you can’t divorce me if I’m not at fault.” Not true.

No-fault divorce means that if you want to get a divorce, you don’t have to prove, as the reason for seeking a divorce, that your spouse has committed some kind of fault entitling you to a divorce. All you have to do is claim that there are “irreconcilable differences” between you and your spouse that have caused an irreparable breakdown in the marriage.

Before no-fault divorce was made the law in every state in the United States of America, one could not obtain a divorce unless his/her spouse had committed a “marital fault”. What constitutes marital fault? Each state has its own list, but generally speaking, marital fault includes:

  • adultery
  • impotency of the respondent at the time of marriage
  • cruelty
  • abandonment, desertion, neglect (failure of the spouse to provide necessary financial/temporal support)
  • insanity or severe mental illness
  • certain criminal convictions (usually a felony or those resulting in long-term imprisonment)
  • alcohol and drug abuse
  • contracting a “loathsome disease” (i.e., a sexually transmitted disease)

With no-fault divorce the law now, fault on the part of your need not exist to qualify you to file for divorce

Utah Family Law, LC | | 801-466-9277

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