Access free Utah divorce records conveniently, as they are state court documents. These essential files carry all the required information concerning the divorce proceedings in question, along with other helpful tidbits of information on dissolutions of marriage.
Since divorces come through as actual court cases, interested individuals can find them at the official website for Utah Courts established by the government as these are considered public records.
Apart from this, the divorce records can also be accessed through other free online sources. Find helpful links, record custodian contact information, and streamlined guidance in this resource.
Are Divorce Records Considered Public or Private in Utah?
Most vital records are categorized as court records, due to which the general public has access to them.
However, Utah Courts don’t allow the public to access divorce records as they consider them to be private records (since April 1st, 2012), as stated under the Utah Uniform Court Records Act, codified in Utah Code Annotated (UCA) § 78-27-101 and the section 78-27-104(2)(e).1
The Utah Uniform Court Records Act was enacted in 2011, and it generally made all court records publicly available but identified a few exceptions, including divorce records. Records may only be made public after 75 years from the time when the divorce was filed.
Divorce records can contain a lot of personal information about divorcees, the circumstances of the separation, data on minor children (if any), as well as other sensitive information, which is why the Utah Courts categorized them as private documents.
They can only be accessed through special requests and by special personnel, which include:
- The divorcees themselves or people involved or named in the records
- Legal representatives of the divorcees mentioned by name in the records
- Blood relations or close family members of both parties, for example, a parent, a sibling, or a child
- Legal guardians of divorcees
- Any legal representative of a person who has been authorized to view these records
- People who have official releases from persons mentioned on the divorce records (proved that they are signed and notarized within 90 days of the request)
Certain government agencies can also access divorce records, and the Utah Courts can also rule to make certain records public in the best interests of a minor or for public safety.
Anyone looking for information can learn more about the availability and access of divorce records from Utah State Courts: Public and Non-Public Records.3 The page gives a detailed understanding of court records classification and their availability to the general public.
A requester can contact the Utah District Court Clerk’s Office to request their own or someone else’s divorce records. If an applicant requests someone else’s divorce records, the court office may ask for proof of being related to the divorcee.
Third-party sources may also offer free public divorce records searches.
How To Look Up Utah Divorce Records & Ex-Spousal Information
Divorce records are complete case files that contain all paperwork and documentation presented during the separation proceedings.
Primarily, the records contain the marriage dissolution certificate and the divorce decree. A divorce certificate is an official document that announces that a couple that was previously together has finalized the dissolution of their marriage.
It contains information about both divorcees, as well as when and where the divorce took place, and can be used for many legal purposes. Applicants may want to look up divorce records for information about their ex-husband or ex-wife.
There can be two different copies of a certificate of divorce: a general one and a certified one. The certified copy contains the same information as the general copy but comes with an official seal. However, the decree of a divorce is the complete court order that contains detailed information about both parties involved, as well as the court’s decision on the division of assets, custody, visitation arrangements, child support, adoption, and alimony payments.
The decree becomes absolute as soon as it is signed and entered into the record if not given special exemptions by the court.
Divorce records are generally obtained from the court where it originally took place. Utah divorce records can be requested from the State District Court.5
Salt Lake District Court
351 S. West Temple,
Salt Lake City, Utah 84101
Phone: 801-238-7300.
The records seeker can contact the office of the court clerk using the number 801-238-7300. Another courtroom is leased in the state courthouse in St. George.
These records are only accessible upon special request, by certain personnel, or by certain government agencies. Because of this, when a record seeker requests some specific divorce records from the Utah State District Court, they may be asked to present proof of their relation to the person named in the records.
Furthermore, the requestor will have to give a general time frame as well as a place where the divorce took place, along with the name of both or at least one of the divorcees. This will help the clerk’s office find the right records. It is important to note that the requestor may be charged a fee of $32 per name or item searched.
Third-party websites like VitalChek can also be used to obtain divorce records in Utah.
Searching County Agencies in Utah for Divorce Records
There are various state departments that offer divorce records in Utah. Some county and city agencies in Utah that may keep divorce records are:
- Court Clerk’s Office
- Recorder of Deeds Office
- County Clerk’s Office
- City Clerk’s Office
- Utah State Archives
Generally, records can easily be obtained by contacting the clerk’s office of the court where the divorce originally took place. Since the Utah State District Court manages divorce cases, a record seeker can contact the District Court Clerk’s Office for both recent as well as older records.7
Utah District Court Clerk’s Office
351 S. West Temple,
Salt Lake City, Utah 84101
Phone: 801-238-7300.
The court clerk’s office is generally open Monday to Friday from 8:30 AM to 4:30 PM. If the records are not present at the clerk’s office, other city or county agencies may be recommended to the requestor by the staff.
The requestor may be charged by the Utah District Clerk’s Office a fee of $0.65 per page for copies of divorce records. The Utah Supreme Court sets this fee. It is important to consider that the Utah District Clerk’s Office may also charge other fees, such as a search fee, for processing requests for divorce records.
In case of uncertainty or confusion about the total costs of a divorce record, the record seeker can contact the Utah District Clerk’s Office for more information.
In case someone is looking for certificates of divorce for the period 1978 to 2010, they can visit the Office of Vital Records and Statistics for an in-person order.
The Main Office of Vital Records and Statistics
Utah State Department of Health
PO Box 141012
Salt Lake City, Utah 84114-1012
Phone: 801-538-6105
The office is open from Monday to Friday during work hours. A Certificate Request Form will have to be filled out and the application fee of $18 to be paid to obtain the certificate. A requester can also mail the form along with the documents and a cheque or money order for application processing fees to:
Vital Records
P.O. Box Number – 141012
Salt Lake City, Utah – 84114-1012.
Furthermore, the records can be requested online as well through the department’s official webpage.9
Records cannot be found at the city level as these are hosted by county custodians, but interested parties in various Utah cities can turn to their local district courts. A few populous cities in Utah are used as examples below, displayed with their local repository and contact information.
Salt Lake City: To get divorce records in Salt Lake City, Utah, the city’s district court can be contacted at the following address.
Salt Lake District Court
351 S. West Temple,
Salt Lake City, Utah 84101
Phone: 801-238-7300
St. George: St. George is the administrative center of Washington County in Utah. For someone looking for divorce records in St. George, the clerk’s office of the St. George District Court can be contacted at:
St. George District Court
206 West Tabernacle, Suit 100
St. George, Utah 84770
Phone: 435-986-5700
Provo: To get divorce records in Provo, Utah, the record seeker can reach out to the clerk’s office of the Provo District Court, located at the address below.
Provo District Court
137 North Freedom Boulevard
Provo, Utah 84601
Phone: 801-429-1000
As discussed, there are a range of reasons for citizens to be seeking out divorce records, including for genealogical and lineage research. Apart from state records, there are multiple avenues that can be pursued for this information, especially for records dating considerably back. The following section further delves into how to go about this research.
How To Access Free Utah State Divorce Archives for Genealogy & Lineage Research
A person might be searching for Utah divorce records for genealogy and lineage research purposes. Thankfully, Utah state has kept an archive of all its public records, including divorce records dating as back as 1852, when two separate courts (the probate court and the district court) had concurrent jurisdiction over the cases.
The Archives of the State are kept and managed by the Utah Department of Archives and Records Service. Record seekers can visit the center in person or mail their applications to them.
Utah Department of Archives and Records Service
300 South Rio Grande
Salt Lake City, Utah
Phone: 801-531-3847
E-mail address: [email protected]
From 1852 to 1895, the territorial court records can be checked, whereas from 1896 to the present, the Utah district court archives are the best places to look for divorce records. The records can be checked through specific divorce index numbers, and if the researcher does not have that information, other details such as name, time, and place can be used.
If the researcher is looking for records of divorces that took place between 1978 to 2010, the Office of Vital Records and Statistics can help them order a vital record certificate.12 The contact details of the office are as follows:
Utah Department of Health
PO Box Number – 141012
Salt Lake City UT 84114-1012
Phone – 801-538-6105
Common Law Marriages & Divorces in Utah
The state of Utah does have common-law marriages. However, a couple can have something similar to that; Utah allows its residents to have their relationships recognized as formal marriages through a formal request to the court without being married traditionally.13
There are certain requirements of the Utah courts that must be met for the couple to have their relationship recognized as marriage, and those are:
- Both partners must be capable of giving consent and of lawful age
- Both must be lawfully capable of being in a solemnized marriage
- The couple must be living or have lived together in the past
- Both treat each other as married
- They present themselves to the public as married
Furthermore, the paperwork must be filed in court either during the relationship or within one year of its ending (separation or if one or both partners have died). It is important to note that the paperwork can only be filed by the partners or their close family members.
Consent by both partners must also be shown to the court in the following forms:
- There should be a written agreement between both partners.
- Partners must show that they are declaring the relationship in documents while living together as a marriage. These documents can be wills or deeds.
- Partners must be holding joint banking and credit accounts.
- One of the partners must be using the other partner’s last name.
- Both of them must be filing joint tax returns.
The request is filed as a formal petition to the court, and in case it is accepted, the court will sign an official decree and the relationship will be recognized as official marriage right from when it originally started, in contrast to traditional marriages which are recognized from the date of the marriage ceremony.
There could be many reasons why two people might want to have their relationship recognized as married while they are together or after they are separated, such as divorce, division of assets, child custody, inheriting property, and claiming insurance, among other reasons. They will have to fill out the following forms:
- Utah District Court Cover Sheet for Domestic Relations Cases
- Petition to Recognize a Relationship as a Marriage
- Summons, which can be either in or out-of-state:
- In-State Summons: If the party is within the borders of Utah, they will be served with an In State Summon.
- Out-of-State Summons: If the party is outside the state of Utah, they will be served with an Out State Summon.
The forms that have been mentioned above have complete details of all the necessary documents required in the filing of the petition, along with the total fees involved. It is important to note that a Petition to Recognize a Relationship as a Marriage together can be filed at the same time as a common law divorce petition.14
How To Determine if Someone Had a Dissolution of Marriage or Is Common Law Divorced in Utah
To determine if someone had a dissolution of marriage in Utah, a researcher can check the state’s divorce records.
The Utah State Courts website can be searched to find these records, as well as the State Archives and the court clerk’s office in the county where the person resides (information on how to reach out to these departments is shared above).
Information such as the name of divorcees, both or one, the time frame, case number, and the place where the divorce took place can help find specific records.
Furthermore, third-party sources can also help find divorce records in Utah.
How To File for Divorce & Address Served Papers
A person looking to initiate a divorce in Utah State must file a petition with the District Court of the county where they or their spouse has resided for at least three months immediately before the petition is filed.
A person can also file for divorce directly online using the Utah Court Assistance Program (OCAP) or in person at the court clerk’s office.15
A list of forms and documents required and fees involved — as well as a complete road map of the divorce process — can be checked at the Utah Courts Divorce Case Information Page.16
Once the summons and petition copy have been served to the other party, they will have 21 days to respond; if they fail to do so, the divorce petitioner will be granted a default divorce.
The court will issue a decree or formal order, which will also contain a verdict on asset division, child support, custody, alimony, etc.
In case both parties agree on the separation and its terms and conditions (which is called uncontested divorce), the case will reach a conclusion much faster; however, if there are disagreements (such as in the case of at-fault divorce), divorce attorneys will have to be hired by both.
In case someone has been served divorce papers, they must first carefully read them and decide whether or not they agree with the terms, and then contact a divorce attorney to consider their options. It is important to note that mediation (setting the divorce outside court) can also be chosen by both parties to avoid court and attorney fees.
Using the sourсes аnԁ informаtion mentioned in this аrtiсle, аррliсаnts саn seаrсh аnԁ finԁ Utah divorce records quiсkly аnԁ сonveniently.
References
1Utah Code. (n.d.). Chapter 2 Government Records Access and Management Act Part 1 General Provisions. Utah Legislature. Retrieved November 11, 2023, from <https://le.utah.gov/xcode/title63g/chapter2/C63G-2_1800010118000101.pdf>
2Utah State Courts. (2021, November). Request for a Record Utah State Courts. Utah State Courts. Retrieved November 13, 2023, from <https://www.utcourts.gov/content/dam/media/docs/Request_for_Record.pdf>
3Utah State Courts. (n.d.). Non-public Records – Rules of Civil Procedure. Utah State Courts. Retrieved November 13, 2023, from <https://www.utcourts.gov/en/legal-help/legal-help/procedures/filing/non-public.html>
4Utah State Courts. (n.d.). Divorce/Annulment Form Search. Utah State Courts. Retrieved November 13, 2023, from <https://www.utcourts.gov/content/utcourts/us/en/forms/forms/court-forms/forms-search-results.html?case-type=DA>
5Shelby, R. J., & Serdar, G. P. (n.d.). Case Locator (PACER). District of Utah | United States District Court. Retrieved November 13, 2023, from <https://www.utd.uscourts.gov/>
6Shelby, R. J., & Serdar, G. P. (n.d.). Court Locations – Southern Region – St. George. District of Utah. Retrieved November 13, 2023, from <https://www.utd.uscourts.gov/court-locations-southern-region-st-george>
7Shelby, R. J., & Serdar, G. P. (2023, March 28). District Court Contact Information. District of Utah. Retrieved November 13, 2023, from <https://www.utd.uscourts.gov/contact>
8Utah Department of Health. (n.d.). Marriage/Divorce Certificate Request Form. Utah Vital Records. Retrieved November 13, 2023, from <https://vitalrecords.utah.gov/wp-content/uploads/MarriageDivorce-Certificate-Request-Application.pdf>
9Utah Department of Health and Human Services. (n.d.). Utah Certificates. Utah Office of Vital Records and Statistics | Center for Health Data and Informatics. Retrieved November 13, 2023, from <https://vitalrecords.utah.gov/>
10Shelby, & Serdar. (n.d.). Court Locations – Central Division – Salt Lake City | District of Utah | United States District Court. District of Utah. Retrieved November 14, 2023, from <https://www.utd.uscourts.gov/court-locations-central-division-salt-lake-city>
11Utah State Courts. (n.d.). Utah State Court Directory (Contact Information). Utah State Courts. Retrieved November 13, 2023, from <https://www.utcourts.gov/en/about/miscellaneous/directory.html>
12Utah Department of Health and Human Services. (n.d.). Vital Records. Utah Office of Vital Records and Statistics | Center for Health Data and Informatics. Retrieved November 13, 2023, from <https://vitalrecords.utah.gov/>
13Common Law. (n.d.). Judicial Recognition of a Relationship as a Marriage. Utah State Courts. Retrieved November 14, 2023, from <https://www.utcourts.gov/en/self-help/case-categories/family/marriage/common-law.html#form>
14Utah State Courts. (n.d.). Divorce Decree. Utah State Courts. Retrieved November 14, 2023, from <https://www.utcourts.gov/en/self-help/case-categories/family/divorce.html>
15Utah State Courts. (n.d.). Online Court Assistance Program (OCAP). Utah State Courts. Retrieved November 14, 2023, from <https://www.utcourts.gov/en/self-help/services/ocap.html>
16Utah State Courts. (2022, October). Roadmap for Divorce Cases. Roadmap for divorce cases (flowchart – Revised February 2019). Retrieved November 14, 2023, from <https://www.utcourts.gov/content/dam/howto/divorce/docs/Divorce%20Roadmap%20-%20100A.pdf>