Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Utah commonly grant divorces because forcing a couple to stay married would go against public policy.

In the United States, "no-fault" and "fault" are the two types of grounds, or justifications, for divorce. In some states, no-fault is the only acceptable justification for a divorce, even if fault grounds exist within the marriage. The other states, including Utah, allow the parties to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, provides a comprehensive overview of divorce and separation law in the United States.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the bases for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot usually stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In Utah, the grounds for a no-fault divorce include irreconcilable differences and voluntary separation for at least three years under a judicial separation order.

Many states require a "cooling-off" period of separation for a particular period of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law. According to Utah Code Section 30-3-18, the parties to a divorce action are required to wait 90 days after filing the petition before the divorce decree can be granted. This waiting period may be waived for good cause. The divorce decree becomes absolute on the day it is signed by the court.

Some states also permit fault grounds for divorce. Common fault grounds include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In Utah, the fault grounds for divorce are adultery, cruelty or violence, desertion for at least one year, alcohol addiction, impotency, nonsupport, incurable insanity, and conviction of felony.

To file for divorce in Utah, at least one of the spouses must have been an actual and bona fide resident of Utah for 3 months and must live in the county where the divorce action is being brought about. The divorce process in Utah begins when one spouse files a complaint for divorce in the appropriate district court.

Divorce laws in general, as well as the specific grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Utah, can be found at abanet.org.

*An example of a Utah Divorce Settlement Agreement can be seen on Free Legal Aid.