Utah Divorce Records

In 2022, Utah reported a divorce rate of 2.9 divorces per 1,000 people, above the national average of 2.4 divorces per 1,000, but representing a continued drop in the state's divorce rates. Reports indicate that divorce rates among Utah residents tend to be higher among Mixed, African American, and Hispanic populations and least among Asian and White residents.

Divorce records in Utah are maintained by District Courts (the state's Office of Vital Records and Statistics also keeps copies of divorce records from 1978 – 2010). These records are generally considered private documents; however, certain parts of the record may be accessed by the general public. There are several types of Utah divorce records, including:

• Divorce Certificates: these are official documents that primarily serve as proof of the divorce for legal purposes. They typically contain basic information about the divorce, such as details of the spouses, the divorce date, and where it was granted.
• Divorce Court Files: this is a collection of all documents filed about the divorce case, such as the divorce petition, transcripts, and court orders.
• Divorce Decrees: this is the court order that finalizes the divorce. Divorce decrees typically contain comprehensive information about the divorce, including its terms (property division, child custody, parenting time, and support). These decrees (and other orders contained in a divorce court file) are generally accessible to the public.

What Are the Residency Requirements for Divorce in Utah?

Per Utah Code Section 81-4-402, you may file for divorce in Utah if:

• You or your spouse are Utah residents and have lived in the county where the petition is to be filed for at least 90 days before filing.
• You are a member of the U.S. armed forces and have been stationed in Utah for at least 90 days before filing.
• Both you and your spouse agree to the Utah court's authority over the divorce.

What Are the Grounds for Divorce in Utah?

Utah law outlines 10 grounds for divorces in the state:

• Impotence at the time of the marriage
• Adultery
• Willful desertion for more than one year
• Willful neglect to provide common needs
• Habitual drunkenness
• Felony conviction
• Cruel treatment to the extent of causing physical injury or severe mental distress
• Incurable insanity
• Irreconcilable differences
• Legal separation (without cohabitation) for three consecutive years

The first eight grounds are "fault-based", meaning that one spouse must prove that the other's actions resulted in the marriage breakdown and subsequent filing for divorce, while the last two are "no-fault-based", meaning that no proof of wrongdoing is required.

How Much Does It Cost to File for Divorce in Utah?

The cost of filing for a divorce is $325, with overall costs for the divorce process averaging about $10,725 per person. This is higher than the national average of $9,970 as well as some neighboring states (divorces cost an average of $10,280 in Arizona and $10,258 in Nevada).

Note that actual divorce costs vary depending on the complexity of the case and may include:

• Attorney fees
• Process server fees
• Divorce education/orientation class fees
• Family therapy costs
• Mediation costs
• Forensic accounting costs
• Joint debts and property division
• Spousal and child support calculations
• Relocation expenses

How Long Is the Waiting Period for Divorce in Utah?

There is a 30-day waiting period after a divorce petition is filed in Utah before the court may issue a decree finalizing the divorce. However, either spouse may ask for this waiting period to be waived, but they must show "extraordinary circumstances" for this request.

Note that the waiting period is not the same as a separation period (where spouses must live apart before filing for divorce). Separation periods are not required in Utah.

How To File for Divorce in Utah?

You may file for divorce in Utah by taking the following basic steps:

• Confirm that you (or your spouse) meet the state's residency requirements – you typically need to have lived in Utah for at least 90 days to file for divorce in the state.
• Complete necessary documents – you may utilize the Utah State Courts' MyPaperwork platform for assistance with doing this.
• File the divorce papers with the District Court in the county where you or your spouse has lived for the past 3 months. Once this is done, the court will automatically issue a Domestic Relations Injunction to prevent certain issues (like harassment or property transfers) from arising during the divorce proceedings.
• Serve your spouse with the divorce papers - you must do this within 120 days of filing, and your spouse has 21 – 30 days to respond (depending on if they are within or outside Utah).
• The next steps generally depend on your spouse's response
  • If your spouse answers, both of you must attend a case management conference where the court will schedule dates for the proceeding. These typically include dates for sharing information, financial disclosure, mediation, and a trial hearing if both of you cannot agree on key issues (like child support, parenting time, and alimony). Note that if you have children under 18, you and your spouse must also attend divorce orientation and parenting classes.
  • If your spouse does not answer (after the stipulated deadline), you can ask the court for a default judgment, meaning that you can get what you asked for in the divorce petition without any input from them.
• Once all matters have been resolved and final papers filed, the court will issue a divorce decree. Note that the divorce is not finalized until a judge signs this decree.

The Utah State Court provides self-help resources on its official website that may be used to get additional information on the state's divorce process.

Are Divorce Records Public in Utah?

Divorce records are considered private records in Utah and restricted to parties with a direct, tangible, and legitimate interest (in the record). These include the couple named on the record, their immediate family, and designated legal representatives. However, divorce records older than 75 years old are open to be public and may be accessed by anyone. Likewise, divorce decrees and any other orders issued about a divorce case are also deemed public information and accessible to the general public.

How To Get Certified Copies of a Divorce Decree in Utah?

Divorce decrees in Utah are maintained by District Courts, and you may obtain certified copies of these documents by contacting the court that handled the divorce case. You will typically be required to submit a written request and pay a $4 fee per document (additional fees may apply).

You may also obtain certified copies of divorce records from 1978 to 2010 from the Utah Office of Vital Records and Statistics. Be aware that this office issues divorce certificates, not divorce decrees – divorce certificates are vital records that serve as legal proof of the divorce, while divorce decrees are the actual court orders that finalize the divorce. It should also be noted that divorce certificates less than 75 years old are considered private records; as such, they may only be accessed by authorized parties, such as the couple named on the record and their immediate family or legal representatives.

Eligible parties can request copies of Utah divorce certificates online or by submitting a Marriage/Divorce Certificate Request Form in person at a local health department or via mail to:

You will be required to provide a valid ID and pay a non-refundable $18 search fee, which covers the cost of one certified copy of the record. There is a separate $10 for each extra copy required; additional service fees may also apply, depending on your preferred request method. Requests are typically processed within three weeks (actual timelines may vary by request method).

Divorce Settlement: Is Utah a 50/50 State?

Utah utilizes an equitable distribution approach for dividing property during a divorce. This means that the property is divided fairly, but not necessarily equally; contrasting with the community property approach, where marital property is equally divided between spouses. Note that an equitable property division may also result in a 50/50 split. Generally, the court will take several factors into account when determining a fair (equitable) distribution, such as:

• The length of the marriage
• The age and health of both spouses
• Their sources and amount of income

FAQs about the Divorce Process in Utah

Here are answers to some common questions about the divorce process in Utah.

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