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Is Infidelity Grounds for Divorce in Utah?
The State of Utah recognizes ten legally acceptable grounds for divorce. There are two “no-fault” grounds, which means that one spouse does not have to prove a fault in the other spouse that contributed to the end of the marriage. The two “no-fault” grounds of divorce are:
- Irreconcilable difference
- Separation without cohabitation for three consecutive years
Utah recognizes eight fault-based grounds for divorce. A fault-based divorce means that one spouse must prove that the other spouse committed one of the following grounds and that it contributed to the end of the marriage.
- Impotence
- Infidelity
- Willful desertion
- Willful neglect
- Habitual drunkenness
- Conviction of a felony
- Abuse
- Incurable insanity
What Role Does Infidelity Play in Divorce?
As discussed, Utah recognizes both “no-fault” and “fault-based” divorces. The most common type of divorce that is pursued is a no-fault divorce on the grounds of irreconcilable differences. This prevents either party from having to prove the other party engaged in any marital misconduct. Instead, the couple is simply required to agree that they have incompatibilities not conducive to marriage or that they have lived apart from each other without cohabitation for a minimum of three years.
When infidelity is involved, a divorce can be sought as fault-based. However, many couples still choose to seek a no-fault divorce due to a quicker process. If an at-fault divorce is filed on the grounds of infidelity, the accusing spouse must provide proof. Circumstantial proof may be enough evidence in certain cases, such as hotel receipts, phone records, emails, or texts.
How Does Infidelity Affect Alimony in Utah?
Alimony, or spousal support, is not guaranteed. A judge will use certain criteria to decide the amount of support, if any, that will be paid and for how long. A few factors used to determine spousal support include:
- The earning ability of the paying party
- The financial needs of the dependent party
- The length of the marriage
- If the dependent party has custody of minor children
- If the dependent party has worked for the paying party during the marriage
- The standard of living established during the marriage
- The fault of either party during the marriage that led to the end of the union, including domestic violence or infidelity
When one party is able to successfully prove that the other spouse has committed infidelity that has contributed to the end of the marriage, the judge is able to deny infidelity to be paid to the guilty party.
Alternatively, suppose one party has committed infidelity in the past and was forgiven by the other party, and the two continued living together for a significant time. In that case, infidelity will not be considered when determining alimony. Also, in instances where both spouses have had extramarital relations, a judge will not bar the spouse with lesser income from receiving alimony.
How is Property Divided During a Utah Divorce?
The State of Utah recognizes an equitable distribution of property during divorce procedures. This means that a court will divide the couple’s property in a manner believed to be fair, considering the circumstances of each case. It is important to note that “equitable” does not necessarily mean a 50/50 split. When considering property division, a judge will consider several factors, including:
- The financial situation of each party
- The length of the marriage
- Each party’s contributions to the marriage, including homemaking and child-rearing
- Each party’s earning capacity and future financial prospects
- The value of the marital property
- Any agreements made between the two parties, including a prenuptial agreement
During the division process, typically, only marital property is divided. Marital property includes property or assets purchased during the course of the marriage. All separate property, or property that each party had prior to the marriage is returned to the original owner, with certain exceptions.
How Does Infidelity Affect Property Division During Divorce?
Infidelity is not commonly a factor when considering property division. This is because, as emphasized by the Utah Supreme Court, the purpose of property division is not to punish either party for misconduct.
However, infidelity is considered when the offending party has depleted significant joint assets to finance an extramarital affair. In this case, the judge may offset the amount by awarding more than half of the marital assets to the other party.
Does Infidelity Affect Child Custody or Child Support?
Decisions regarding child custody and parental visitation are centered on what is in the child’s best interests. When deciding these issues, a judge may consider a parent’s past conduct and demonstrated moral character. However, unless the occurring infidelity demonstrated poor parenting, it is likely not to be a factor.
The State of Utah calculates child support using the formula spelled out in the child support guidelines. This formula is primarily based on the income of the parents, how many children are being supported, the amount of time the children spend with each parent, healthcare costs, and other similar factors. Because child support is meant to be used on a child’s needs and not as a reward or punishment for the parents, infidelity will not play a direct role in determining the amount.
How Can Infidelity be Proven?
While proving infidelity can be difficult, it can be done with direct and circumstantial evidence, including:
- Eyewitness testimony
- Private investigator reports and testimony
- Hotel records
- Admission of guilt
- Photos, videos, audio evidence, letters, GPS evidence
- Unusual expenditures
- Social media posts
- Emails or text communications
Do I Need an Attorney?
You have enough to handle without adding the complexities of tackling the divorce process on your own. Especially when infidelity is an issue, you need to be sure you are getting everything you deserve. For that, we are here to help. Call RCG Law Group today at 801-396-9656 or fill out a contact form for a consultation.
