Grounds for Divorce

Todd Peterson — Mon, 06 Jan 2014 15:57:20 +0000

As divorce attorneys we hear a lot of complaints from clients about their spouse that they are divorcing and they can get pretty outrageous. A recent report from the Huffington Post however has a spouse complaining that her husband eat’s his peas with his bread instead of a fork and that is why she is asking for divorce. Maybe this woman was just looking for a way out and she saw the classic Seinfeld episode where Jerry broke up with a girl because she ate her peas one at a time. Regardless of the genuineness of her claim that her husbands table manners were the reason for the divorce the reality is that in most states she doesn’t really need a reason to get divorced other than simply claiming irreconcilable differences.

No Fault Divorce

Historically parties needed a good reason to get divorced, especially the female, they couldn’t simply state that they didn’t like their spouse any more. Whether it was abandonment, adultery, or some other claim the parties had to convince the court that they deserved a marriage from their spouse and they needed to be able to put the fault of the divorce on their spouse to get released from their marriage contract. As with a number of areas of the law, divorce has come a long ways over the years. Today in Utah if a person wants to get divorced they don’t have to prove anything to establish grounds for divorce, they can simply state that there are irreconcilable difference and that is the reason for the divorce. An individual can be granted a divorce regardless of whether or not their spouse wants the divorce or has done anything particularly wrong.

Ogden Divorce Attorney | Helping with your Divorce

If you have made the decision to get divorced then the first thing you should do is speak with an experienced family law attorney from Ogden Divorce Law. Our attorneys have helped hundreds of clients in their divorce and we can help you understand the process and get answers to your questions. Call or email us today for a free consultation over the phone.

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What is a No Fault Divorce?

Todd Peterson — Fri, 27 Sep 2013 17:32:43 +0000

The history of marriage and divorce is quite interesting. As many know there was a time when divorce wasn’t even an option, the wedding vow “’til death do us part” was quite literal. However, over time as society changed divorce became a possibility but there still needed to be a good reason for it, you couldn’t just say you wanted a divorce and get one. At common law there were a number of reasons why you could get a divorce such as adultery, desertion, insanity, drunkiness, and so on. Most of these revolved around one of the parties breaking wedding vows or no longer being fit for marriage and this system of divorce aimed at placing fault for the divorce on one party or the other.

Utah’s Divorce Laws

As society has continued to change the need for a “good reason” to get divorced has all but vanished. If you look through most current divorce filings you will see the grounds for divorce in almost every case being irreconcilable differences. What this means is open to interpretation but the effect it has on the divorce system is that fault is no longer important, and that is why divorces in Utah are considered no fault divorces.

A lot of times we’ll get calls from individuals that want a divorce because their spouse has cheated on them and they believe this entitles them to win every issue of the divorce. While infidelity is a terrible thing for anyone to have to go through the justice system does not really put that much weight on the fact that adultery lead to the divorce. The parties will still be treated equally by the court for the most part regardless of the fact that one was unfaithful.

Ogden Divorce Attorney | Helping You Understand the Process

One of the most difficult things about divorce is not knowing what the rules of the game are and that is exactly why you should hire an attorney. At Ogden Divorce Law we try and help you understand the process and set your expectations accordingly. If you know the basic standards by which the process is handled you will be more prepared for the outcomes you obtain and less infuriated by them. Call or email us today for a free consultation to learn more.