Are Divorce Records Available to the Public in Utah?
Utah is a closed-record state and doesn’t readily grant public access to most records. However, the state allows public access to all divorce records after 75 years from the date they were filed. Only the following categories of people can access divorce records before they enter the public domain:
- Persons involved in the divorces recorded
- Legal representatives of the divorced persons named in the records
- Close family members of divorced parties, e.g., sibling, parent, child
- Legal guardians of divorced parties
- Legal representatives of persons authorized to view these records
- Individuals with official releases from persons named on the records. These releases must be signed and notarized within 90 days of the request date.
A requester who needs to access a divorce record in Utah must provide proof of a relationship with the person named on the record.
Divorce Records in Utah
A divorce record is the complete case file that includes all documents prepared and introduced throughout a divorce proceeding. Divorce records contain all the details of the entire process and include divorce decrees. Because it comprises all possible information, including the court rulings and settlement of terms, a divorce record is essential to a divorced party who wishes to appeal the judge’s ruling.
How to Find a Divorce Record in Utah
Divorce records are considered court records. They may, therefore, be searched by contacting the respective court clerk. Records may also be accessible on third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
Utah divorce records are documents issued by the state that provide details of divorce cases. Divorce records contain information such as the names of the divorcees and details regarding the dissolution of their marriages. A divorce record is legally accepted as proof that a couple has finalized their divorce. Utah Courts do not grant access to divorce records to the general public.
Utah Divorce Certificates
A divorce certificate is a vital document that shows that a couple has finalized the dissolution of their marriage. A divorce certificate identifies both divorced parties as well as where and when their divorce was finalized. In Utah, divorce certificates are either certified or plain documents. A certified copy of a divorce certificate carries an official seal and may be used for official purposes such as tax filings or when applying for a new marriage license. A plain divorce certificate carries the same information as a certified divorce certificate. However, it does not carry a seal and only serves to provide information about a divorce.
Utah Divorce Decrees
A divorce decree is a court document that establishes the legal action of terminating a marriage. It has the names of the divorced parties along with specific terms of the divorce settlement. These terms include division of assets, child support, custody, and visitation arrangements, and alimony payments.
In cases where the divorcing parties can agree on mutually beneficial terms regarding minors, child custody, and support issues may not require a hearing. Otherwise, the court will impose terms it deems fair and necessary to the best interest of the minors involved. This outcome may be necessary if the court disagrees with the agreement between both divorced parents.
In Utah, divorcing parents must attend an educational course to sensitize them about their duties to their children. Regardless of the settlement terms, a divorcing couple must complete this course before they receive divorce decrees.
Depending on the specifics of the case, a Utah divorce decree may not become absolute immediately after the judge passes a ruling or signs the document. However, the time before it becomes absolute must not exceed six months from the date of signing. A divorced person who wishes to remarry must wait for the divorce decree to become absolute before they do so.
How to Obtain Utah Divorce Records
To obtain a copy of a Utah divorce records, contact the court where the proceedings took place. Fees vary depending on the type of copy requested. Copies of divorce court records may be certified, exemplified, or by apostille.
How to Get a Certified Copy
A certified copy of a divorce court record is a genuine copy of the original court record and can be used for legal purposes. A certified copy is signed and stamped by the seal of the Clerk of the Court that handled the divorce. Utah charges $4 per document for certified copies of divorce records plus an additional 50 cents per page per page.
How to Get an Exemplified Copy
An exemplified copy of a court record is a certified copy with more authentication. An exemplified copy carries a judge’s certification that the court that issued the copy is genuine and that the Clerk of Court’s signature on the record is authentic. The Clerk of Court also certifies on an exemplified copy, establishing the authority of the judge and signifying that the judge’s signature is authentic and that the judge has authority over the record. An exemplified copy of a divorce court record may be required outside Utah instead of a certified copy. Utah charges $6 per document for exemplified copies of divorce records plus an additional 50 cents per page.
How to Get an Apostille
Some countries may require a document authenticated by apostille instead of a certified or exemplified copy. Authenticating a copy by apostille means putting the seal of the State of Utah on the document. To authenticate a divorce copy in this way, contact the Office of the Utah Lieutenant Governor. This copy takes 3 to 5 business days to process and costs $20 per document. For the next-business-day service, the fee rises to $55 per document. For same-day service, Utah charges $95 per document and takes between 10 minutes and 2 hours to process the copy.
Utah may allow an unauthorized person to request access to divorce court records. An unauthorized requester must send a written request to the State Court Administrator. The State Court Administrator may grant the request if there is a good cause, but with “reasonable conditions”.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How to Obtain a Utah Divorce Certificate
Divorce records are maintained by the Utah Office of Vital Records and Statistics for divorces finalized between 1978 and 2010. Some records for divorces after 2010 are also available at the Office of Vital Records and Statistics. Records not available at the Utah Office of Vital Records and Statistics are available at the Clerk's Office in the counties where the divorces were finalized. The first certified copy of a Utah divorce certificate costs $18, with $10 each for additional copies. Payments are non-refundable.
To order a copy of a Utah divorce certificate online, create a Utah.gov profile and follow the subsequent prompts. Completing the order requires a full name, mobile phone number, email address, and a government-issued ID. Online payment also requires a debit/credit card.
To place an order in person, visit the Office of Vital Records and Statistics or any Local Health Department with a completed copy of a Divorce Certificate Request Form. Go along with a check or a money order and a government-issued ID. The Office of Vital Records and Statistics is at 288 North 1460 West, Salt Lake City.
To order a divorce certificate via mail, download and complete a Divorce Certificate Request Form. Send the completed form along with a copy of a valid ID and a check or a money order for applicable fees to:
Vital Records
P.O. Box 141012
Salt Lake City, UT 84114-1012
A requester may also enclose a written application letter rather than a completed application. This letter must specify a request for a divorce certificate and provide the following information:
- The names on the record
- Where the divorce was finalized
- Divorce date
- Requester’s relationship with a name on the record
- Reason for the request
- Signature
Does Utah Recognize Common-Law Marriages?
Although Utah common-law marriages are not recognized, unmarried couples wanting the acknowledgment of their relationship have other alternatives. Couples who have lived together and treated one another as spouses in Utah may ask the court to recognize their past relationship as a marriage. This process involves the couple filing a formal, written request with the local court called a “petition to recognize a relationship as a marriage”. The petitioner must submit the request within the relationship or one year after the relationship’s termination. If the judge grants the couple’s request, they will become legally married. Unlike traditional marriage, which becomes legal on the date of the ceremony, a couple seeking the court to acknowledge a previous marital connection will have their marriage retroactively recognized on the date their relationship began.
How to Find Out if Someone is Divorced in Utah
Publicly available divorce records are also managed and disseminated by some third-party aggregate sites. These sites are generally not limited by geographical record availability and may serve as a reliable jump-off point when researching specific or multiple records. However, third-party sites are not government-sponsored. As such, record availability may differ from official channels. The requesting party will be required to provide the following information to find a record using the search engines on third-party sites:
- The location of the record in question, including the city, county, or state where the case was filed.
- The name of someone involved, provided it is not a juvenile.
