No fault divorce Archives

Should I file for a no-fault divorce or for an uncontested divorce?

December 27, 2022

Divorce, Divorce Law, Divorce Preparedness, Divorce Procedure, Family Law, Legal System, No fault divorce, Uncontested Divorce

end of marriage, family law, fault, fault finding, grounds, grounds of divorce, irreconcilable differences, law, no fault, no-fault divorce

My spouse and I have no children together and own no property together. Should I file for a no-fault divorce or for an uncontested divorce? It’s not a question of choosing between “no-fault divorce” and “uncontested divorce”. These two terms…

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

November 29, 2022

Divorce Utah

Abandonment and Desertion, Adultery, Divorce, Extramarital affairs/Adultery, No fault divorce

abandonment, adultery, alcohol abuse, criminal convictions, cruelty, desertion, drug abuse, impotency, insanity, loathsome disease, mental illness, neglect, no-fault divorce

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…

Is staying with parents during pregnancy grounds for filing for divorce?

July 14, 2022

Divorce Utah

Divorce, Divorce Court, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, No fault divorce, Women's Divorce Issues

court, divorce, divorce law, grounds for divorce, irreconcilable differences, judges, jurisdiction, no-fault divorce, separation

You don’t have to come up with creative reasons for getting a divorce anymore in the age of no-fault divorce (in the U.S.A.). You don’t have to find a reason to blame your spouse for seeking a divorce from your…

What are the significant changes to family law in the past two centuries?

What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): No-fault divorce Abolition of the doctrine of coverture (femme couvert) …

Is hiding money from your spouse grounds for divorce?

June 3, 2022

Divorce Utah

Divorce, Divorce Law, Divorce Preparedness, Divorce Procedure, Family Law, Fault, No fault divorce

divorce law, divorce on demand, family law, keeping secrets, money, no-fault divorce, secrets, spouse

In the age of no-fault divorce, you don’t really need to have a good reason (or any reason at all) to get a divorce. So if your spouse is hiding money from you and you want to divorce your spouse…

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…

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

What are the grounds for filing for a divorce in Utah?

First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have to plead or show that your spouse committed any kind…

How can a uncontested divorce be considered a law suit? Does the court even get involved in that case?

March 3, 2021

Divorce Utah

Amicable Divorce, No fault divorce, Uncontested Divorce, Women's Divorce Issues

agreeable, agreement, amicable, divorce, easy, lawsuit, not fighting, unargumentative, uncontested

How can a uncontested divorce be considered a law suit? Does the court even get involved in that case? A law suit is a claim or dispute brought to a court of law for adjudication. A divorce action is a…

Do you need a reason to get a divorce?

Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault” divorce (“no fault divorce” means that you don’t have to…

How do you divorce when your doesn’t want to go through with it?

September 30, 2020

Divorce Utah

Fault, Grounds for Divorce, No fault divorce

grounds, irreconcilable differences, marital fault, no-fault divorce

How do you divorce when your doesn’t want to go through with it? Does it require both parties to cooperate? I cannot speak for all jurisdictions, but here is the answer for Utah, the jurisdiction where I practice divorce and…