Utah Divorce Records
In Utah, divorce is governed by Code Section 30-3-1 of the state statutes, which details the legal process for ending a marriage. In the state, one spouse can proceed with a divorce even if the other opposes it. If you are considering divorce in Utah, you should seek advice from a family law attorney to understand your rights and responsibilities under the state law.
For uncontested divorces with or without children, Utah law requires a 90-day waiting period after filing for divorce before it can be granted. However, this waiting period can be waived if spouses complete the "Divorce Orientation" class and the "Divorce Education for Parents" class. These classes cost $30 and $35 respectively. Conversely, in cases of a contested divorce, the process can be prolonged, sometimes lasting for months or even years.
In Utah, one or both spouses must have lived in the county where they intend to file for divorce at least three months prior. Additionally, if children are involved, the parent intending to file for divorce may need to have lived in the state with the children for at least six months.
What are Divorce Records?
Utah divorce records are legal documents that contain information about the termination of a marriage in the state. The District Courts, Utah Office of Vital Records and Statistics, and Utah State Archives and Records Services keep these records. It can be used for legal, personal, and genealogical reasons. In Utah, divorce records include divorce certificates, divorce decrees, and divorce case files.
Utah divorce certificates include basic information about the divorce, such as the parties' names, the date and place of the divorce, and the court that issued the divorce decree. It is the most commonly requested document and is often needed for legal purposes, such as changing a name or remarrying.
A divorce decree is a more detailed document that outlines the court’s final judgment on the divorce. It includes information about the division of property, child custody and support arrangements, alimony, and any other orders issued by the court.
Complete divorce records in Utah are called divorce case files, containing divorce proceedings, and may include petitions, motions, court orders, evidence, and testimonies. These files provide a comprehensive view of the legal process and the issues involved in the case.
Are Divorce Records Public in Utah?
In Utah, most court records are accessible to the public. However, as of April 1, 2012, divorce records have become private. Only specific individuals, such as the parties involved in the divorce and their legal representatives, are permitted to access these records. Conversely, divorce orders and decrees are public.
In Utah, Social Security numbers, birth dates, and information that identifies minors are considered private. In some cases, a court may order that a divorce record be sealed. This usually happens when there is sensitive information involved, such as matters related to minors, allegations of abuse, or other confidential information. Sealed records are not accessible to the general public and can only be viewed by the parties involved, their legal representatives, or by a formal court order.
Divorce Stats and Rates in Utah
According to the Centers for Disease Control and Prevention, Utah's divorce rate is 3.3 per 1,000 residents, higher than the national average of 2.4 per 1,000 residents. In Utah, young men and women get married early enough. The median age at first marriage in Utah is 26.1 for men and 24.8 for women. The average length of marriage in Utah is 17.2 years, significantly lower than the national average of 21 years.
In Utah, the majority of divorces are initiated by women. Approximately 69% of divorce cases are initiated by women, and this percentage is even higher among women with a college education. Approximately 60% of families who have gone through a divorce have children under the age of 18. After divorce, 20.9% of these children lived with their fathers, while 38.6% stayed with their mothers.
In Utah, the White population has the highest divorce rate at 8.7%, followed closely by the Black population at 8.6%. Conversely, the Native American and Hawaiian ethnic groups have the lowest divorce rates, at 7.4% and 6.4% respectively.
Highly religious couples in Utah are less prone to divorce, and divorce rates have been on the decline among religious Utahns.
Grounds for Divorce in Utah
In Utah, the most common reason for a divorce is "Irreconcilable Differences". This ground for divorce does not require either spouse to prove fault or wrongdoing. Additionally, living separately under a decree of separate maintenance for at least three years without cohabitation can also be grounds for a no-fault divorce in Utah.
Conversely, proving fault in a divorce in Utah may require evidence and lead to a more contentious and prolonged divorce proceeding. Some of these faults include but are not limited to:
- Adultery
- Willful desertion
- Willful neglect
- Habitual drunkenness
- Cruel treatment
- Incurable Insanity
- Conviction of a felony
How to File for Divorce in Utah
To file for divorce in Utah, at least one of the parties involved must have lived in both the state and the specific county where the divorce is being filed for a minimum of three months.
The spouse initiating the divorce, also known as the “petitioner,” is required to fill out and submit a legal document called a “Petition for Divorce”. This document provides details about the reasons for the divorce and outlines what the petitioner is seeking, such as arrangements for any children involved and the fair division of assets. In cases where the petitioner does not have an attorney to prepare court documents, the Online Court Assistance Program is provided to assist.
To file the completed forms, the petitioner will need to submit them to the District Court located in the county where either they or their spouse resides. The filing fee costs about $130 in Utah. However, fee waivers may be available if unable to afford the fee. After submitting the forms and paying the fee, the court will assign a unique case number.
The petitioner is required to ensure that the divorce papers are properly delivered to the respondent. This can be accomplished through the services of a sheriff, a process server, or an impartial third party. Upon delivery, the respondent is given 21 days (if served within Utah) or 30 days (if served outside Utah) to submit a response. However, If the respondent does not respond within the given time, the petitioner may seek a default judgment.
In cases of minor children, both parties will be required to attend a divorce education class and a divorce orientation class. These classes help both parties to understand the impact of divorce on children and to facilitate co-parenting.
In uncontested cases, the judge may issue a final divorce decree without a hearing, unlike contested cases that require trial before the judge makes his final decision.
Utah Divorce Decree
A divorce decree in Utah is the legal documentation signed by a judge following either a trial or a settlement. This document is issued by the court to officially terminate a marriage. It provides details of the terms and conditions of the divorce, including decisions concerning the division of property, child custody, child support, alimony, and other pertinent matters.
A divorce decree includes:
- Personal Information
- Property division
- Child Custody and visitation (Where minor children are involved)
- Child support
- Alimony (if awarded)
- Change of name if one of the parties requests it
After the decree is signed, the court will usually send a copy to both parties or their attorneys by mail. Copies of these records can be requested from the Court Clerk's Office.
How to Find and Access Utah Divorce Records
Divorce records in Utah are maintained by the District Court in the county where the divorce was finalized. Utah makes provisions for access to these records either offline or online.
Offline Access
Uthans can visit the District Court Clerk’s Office in the county where the divorce was finalized. You’ll need to provide the names of the parties involved and the approximate date of the divorce. The clerk can help you locate the records once the information is provided. Residents can also mail a written request to the District Court where the divorce was finalized, including the names of the parties, the case number, and the date of the divorce. A fee ranging from $0.25 to $0.50 per page, and $4 to $6 for certified copies is required. Residents should include a self-addressed stamped envelope for the return of the documents.
Online Access
The Utah Courts' XChange database is an online service where public divorce records can be found. Some Utah District Courts provide online access to divorce records. It is possible to verify the availability of online services by visiting the court's website.
References
- https://www.utcourts.gov/en/self-help/case-categories/family/divorce.html
- https://www.utahlegalservices.org/node/35/divorce
- https://extension.usu.edu/divorce/
- https://coillaw.com/2021/03/31/utah-divorce-records/
- https://divorce.com/blog/divorce-rate-utah/?utm_source=google&utm_campaign=&utm_medium=&utm_content=&utm_term=&adpos=&utm_pl=&cr=&sadt=&gclid=CjwKCAjw_Na1BhAlEiwAM-dm7NF2-mTm_KJfz-5QkYi1eTLjeD-RAk6NigR_4E0enXwZLLxRfJGDPBoCG0oQAvD_BwE&experiment=&expvar=&gad_source=1
- https://www.utcourts.gov/en/self-help/case-categories/family/divorce/separate-maintenance.html
- https://www.burtonlawfirmpc.com/grounds-for-divorce-in-utah/?gad_source=1&gclid=CjwKCAjw_Na1BhAlEiwAM-dm7P_IH6AUrFu0dwLROB58s-cp-qiObYTXcUZUXVu_Zjw-dQCyR7x-0RoCC_UQAvD_BwE