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Utah Divorce Laws

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Utah Family Law Code.

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Selected Utah Family Code Statutes

  • 30-3-1. Procedure -- Residence -- Grounds.
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    (2) The court may decree a dissolution of the marriage contract between the petitioner and respondent on the grounds specified in Subsection (3) in all cases where the petitioner or respondent has been an actual and bona fide resident of this state and of the county where the action is brought, or if members of the armed forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders, for three months next prior to the commencement of the action.
    (3) Grounds for divorce:
    1. impotency of the respondent at the time of marriage;
    2. adultery committed by the respondent subsequent to marriage;
    3. willful desertion of the petitioner by the respondent for more than one year;
    4. willful neglect of the respondent to provide for the petitioner the common necessaries of life;
    5. habitual drunkenness of the respondent;
    6. conviction of the respondent for a felony;
    7. cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;
    8. irreconcilable differences of the marriage;
    9. incurable insanity; or
    10. when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.
    (4) A decree of divorce granted under Subsection (3)(j) does not affect the liability of either party under any provision for separate maintenance previously granted.
    (5) (a) A divorce may not be granted on the grounds of insanity unless: (i) the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and (ii) the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable.
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    Last Updated: 10-13-08

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