The couple can reach an arrangement independently in a no-fault divorce case, sparing them the stress and angst of going to court. If a couple has lived together in Utah for three years in a row without cohabiting or if there are reasons for irreconcilable differences, they may file for a no-fault divorce. Continue reading to learn how.
A common misconception is that being in a no-fault case means that fault is unimportant. Nothing stops any partner from establishing fault as justification for the dissolution of their marriage, regardless of a no-fault situation. As a result, the divorce lawsuit may not proceed like a no-fault divorce would typically. The instances listed below illustrate how a fault might be relevant in a no-fault situation:
If One Party Disputes Asset Dissipation
According to Utah law, in the case of a divorce, the joint assets should be distributed equally. The dispersal of assets is one situation that can defy this rule, though. This occurs when one party establishes that the other spouse willfully wasted marital assets in an effort to deny them of their proper portion.
The behavior of the Parties Throughout the Marriage
The following actions could be considered fault-worthy:
- Usage of drugs
- Criminal behavior
- Violence, domestic abuse, and abusive behavior
- Financial irresponsibility and gambling
If one party believes that the decision about custody and parenting will have an impact on the children’s well-being, they may bring up these behaviors.
In Utah, alimony is granted according to what the judge determines to be fair and reasonable, given the case’s particulars. If one party believes the other’s behavior has impacted their way of life and financial situation, they may apply for alimony. This is especially true if the woman’s major duty was caring for the home while the other partner was having an affair. Blame must be proven to decide in favor of alimony in this situation.
No-fault cases are frequent because they do less emotionally injure spouses and kids. They are resolved far more quickly, and no arduous court hearings are involved. As the aforementioned examples demonstrate, this does not preclude the possibility of a problem arising during the process.
An able lawyer who can uphold your rights should be consulted even in a straightforward, uncontested divorce case.
Speaking to a lawyer is always a good idea!
It is always better to speak to a lawyer who can assist you and make your divorce easier. Therefore, make sure you speak to an experienced divorce lawyer as soon as you are considering divorce.