Utah Divorce Records

According to recent data from the CDC's National Center for Health Statistics, Utah has a divorce rate of approximately 3.1 divorces per 1,000 residents, notably higher than the national average of 2.4 per 1,000. Divorces in the state may be filed on either fault or no-fault grounds - fault divorces require the spouse filing for divorce to prove that the other spouse's actions resulted in the breakdown of the marriage, while no-fault divorces do not require any proof of wrongdoing.

On average, divorces in Utah typically cost around $10,725 per person, significantly higher than the national average of $9,969. However, actual costs may vary based on the complexity of the case and several other factors, including attorney fees, process server fees, mediation and family therapy costs, divorce education/orientation fees, and other associated expenses.

Are Divorce Records Public in Utah?

In Utah, divorce records are generally classified as private records and are only accessible to individuals with a direct, tangible, and legitimate interest in the record, such as the divorced spouses, their immediate family, and designated legal representatives, in compliance with Utah Code Section 26B-8-125. However, divorce records that are over 75 years old (from the date the record was created) become public and may be accessed by anyone. Additionally, divorce decrees and court-issued orders related to a divorce case are considered public records, meaning that they are available to the general public, regardless of how old the record is.

What Is Included in Utah Divorce Records?

Divorce records in Utah refer to all documents that detail the official dissolution of marriages in the state. These records are typically grouped into three primary categories:

• Divorce Decrees: This is the final court order (in a divorce proceeding) that officially dissolves the marriage. Divorce decrees contain detailed information about the divorce, like the names of the parties involved, the date and location of the divorce, and decisions on key issues like property division, child custody, parenting arrangements, and support obligations. These records are maintained by the District Court that handled the divorce case.
• Divorce Court Files: This is a complete collection of all documents generated and filed in relation to a specific case, including the divorce petition, transcripts of hearings, and court orders issued during proceedings. These files are also maintained by the District Courts and are typically restricted from public access (excluding the court orders contained in the file).
• Divorce Certificates: This is an official document that serves as legal proof of a divorce. Divorce certificates are issued by the Utah Office of Vital Records and Statistics and contain basic details about the divorce, such as the names of both spouses, the date of divorce, and where the divorce was finalized.

How Do I Find Utah Divorce Records?

Utah divorce records are primarily maintained locally by the District Court that finalized the divorce; however, copies of some records may also be accessed through the state's Office of Vital Records and Statistics. Certified copies of these records are often necessary for several legal and administrative purposes, such as:

• Processing name changes and updating identification documents
• Remarriage or immigration applications
• Enforcing or modifying court orders related to custody, alimony, or child support
• Updating financial records and other legal paperwork
• Accessing government benefits
• Settling estates and legal claims

Look Up Utah Divorce Certificate

The Utah Office of Vital Records and Statistics maintains copies of divorce certificates for divorces that occurred across the state from 1978 to 2010 and provides access to these records to specific authorized requesters. These include the parties named on the record and their immediate family members or legal representatives.

Eligible parties may obtain copies of a Utah divorce certificate by submitting a request to the Office of Vital Records and Statistics online or in person at most local health departments across the state. Requests may also be submitted by mailing a Marriage/Divorce Certificate Request Form, along with the necessary fees and supporting documentation, to the office at:

Requesters typically have to provide a valid ID and pay a non-refundable $18 search fee, which covers one certified copy of the record (note that extra service fees may apply depending on the request method). Also, extra copies of the same certificate requested at the same time cost an additional $10 each. Requests are typically processed in about three weeks.

You may contact the Office of Vital Records and Statistics at (801) 538-6105 or via email for more information.

Look Up Utah Divorce Decree

Utah divorce decrees are maintained by the District Court that finalized the divorce. Unlike divorce certificates (which are restricted for 75 years), these records are accessible to the general public, and copies can typically be obtained by taking the following steps:

• Identify and contact the District Court that finalized the divorce.
• Submit an official request to the court. This request may be submitted in person, via mail, or online (depending on the District Court) and should include information that will enable the court to locate the required decree, such as the names of the divorced individuals, the approximate date of divorce, and a case number where possible.
• Pay the stipulated fees. Under state law, courts may charge a $4 fee per document for certified copies of court records plus 50 cents per page (note that additional fees may still apply).

Look Up Utah Divorce Court Records

Divorce court files in Utah are generally considered private in Utah and may only be accessed by eligible parties, such as the individuals named on the record and their attorneys. However, copies of the divorce decree and other court orders contained in the file may be obtained by any interested member of the public.

Requests for Utah divorce court records (private and public) may be directed to the District Court that handled the divorce case. Requesters will typically be required to submit a written request, prove their eligibility to access the record (where necessary), and pay the stipulated copy fees. The Utah State Courts also offer online tools that may be used to access divorce court records, such as the MyCourtCase (available only to the parties in a case) and Xchange (available to the general public) portals. Note that the creation of a user account may be required to utilize these platforms.

Can You Seal Divorce Records in Utah?

Although Utah divorce records are considered private and restricted from public disclosure for 75 years under state law, all court orders related to the divorce case (including the divorce decree) are still accessible to the public. However, these public court orders may be reclassified as non-public at the request of any of the parties involved.

To do this, you will be required to file a motion to classify the record as private (or protected) with the District Court that granted the divorce. Note that the motion must include justification for the reclassification request. The court will review the motion, taking into account all relevant factors, policies, and interests before issuing a decision. Note that the final decision on whether to reclassify a public record as private or protected is at the court's discretion.

How Long Does a Divorce Take in Utah?

The timeline for a divorce in Utah varies depending on the complexity of the case and the level of cooperation between the spouses. Per Utah Code Section 81-4-402, there is a mandatory 30-day waiting period from the date the divorce petition is filed before a divorce can be finalized. Note that the court may waive this waiting period at the request of either spouse, but they must demonstrate "extraordinary circumstances" to justify the request.

To this end, uncontested divorces (where both parties agree on all terms, including property division and child custody) are typically finalized relatively quickly after the waiting period is concluded, sometimes within a few weeks. On the other hand, contested divorces involving disputes over finances, custody, or other legal matters can take several months to over a year, depending on court date availability and the need for mediation or trial.

Does Utah Require Separation Before Divorce?

No, separation is not required before divorce in Utah. However, in situations where a couple has been living separately without cohabitation for up to three consecutive years, either spouse may use this separation as grounds for divorce.

How Are Assets Split in a Utah Divorce?

Utah follows an equitable distribution method for dividing property in a divorce, as required by state law. This means that assets are split between the spouses fairly, but not necessarily equally. Note that an equitable division of assets may still result in a 50/50 split between both parties, depending on the specific circumstances of the divorce. When determining an equitable division of marital property, the court will consider multiple factors to ensure that each spouse is allocated a fair portion, such as:

• The duration of the marriage
• Each spouse's age and health
• Each spouse's sources and amount of income
• Any valid premarital agreements

It should be noted that assets owned before marriage or acquired through gifts or inheritance during the marriage are generally not considered marital property and, as such, are not subject to property division during the divorce. However, if the non-marital property has been commingled with marital assets or used in a way that integrates it into the marriage (such as depositing inherited money into a joint account or using separate property for shared expenses), it may be treated as marital property.

Who Gets Custody of a Child in Divorce in Utah?

In Utah, child custody decisions are generally based on the best interests of the child. Per state law, courts typically evaluate multiple factors when determining these interests, including the child's emotional ties to each parent, household stability, each parent's ability to meet the child's needs, and evidence of domestic violence, neglect, or abuse. While Utah historically favored mothers in custody cases, the state now requires courts to assess both parents equally, without gender bias. Notwithstanding this, fathers in the state may still face challenges in securing equal parenting time with mothers. Recent surveys indicate that Utah fathers are likely to get an average of 26.2% parent time after a divorce, lower than the national average of 35%.

Child custody in Utah is divided into two primary types - legal custody, which determines which parent has the authority to make major decisions about the child's upbringing, and physical custody, which determines where the child will live. The state recognizes several custody arrangements/structures based on these primary types of custody:

• Sole Legal and Sole Physical Custody: Here, one parent has full decision-making authority and the child also primarily lives with this parent, while the other parent (the non-custodial parent) is typically given parenting time (visitation rights).
• Joint Legal and Joint Physical Custody: Here, both parents share decision-making responsibilities, and the child spends at least 111 nights per year in each parent's home.
• Joint Legal and Sole Physical Custody: Here, both parents share decision-making responsibilities, while one parent provides the primary residence for the child (over 255 nights per year). The non-custodial parent still has parenting time (visitation).
• Split Custody: In situations where multiple children are involved, each parent may be awarded sole physical custody of at least one child. They may also share legal custody of the child (or retain sole legal custody), depending on the court's decision.