Utah Divorce: What You Need to Know

Divorce is the legal process of terminating a marriage in Utah. Divorce cases in the state are filed with the District Court in the county where either spouse resides.

This article explains how divorce works in Utah, including residency rules, waiting periods, types of divorce, the court process, county-level filing details, and how to access divorce records.

How Does Divorce Work in Utah?

In Utah, you need to meet residency requirements before you can file for divorce. To file for divorce in Utah, at least one spouse must have lived in the state for three months before filing. If minor children are involved, the children must have lived in Utah with a parent for six months before custody can be determined.

Utah allows both no-fault and fault-based divorces. The no-fault ground is “irreconcilable differences.” This means that the parties in the marriage cannot reconcile.

On the other hand, fault-based reasons can include things like adultery, desertion, cruelty, substance abuse, felony convictions, and willful neglect. Although you do not have to prove fault, it can still affect how property is divided or whether alimony is granted.

Additionally, Utah has a mandatory waiting period of 30 days from the date of filing before a divorce can be finalized. Judges can waive this waiting period if there is a good reason. However, in cases where there’s a dispute, the whole process can take several months to over a year.

Types of Divorce in Utah

Utah law provides several types of divorce:

• Uncontested divorce: An uncontested divorce occurs when both spouses agree on custody, property division, and financial support. This type of case is resolved quickly.
• Contested divorce: A contested divorce means that the couple disagrees on decisions relevant to the divorce. Contested divorce usually requires hearings or a trial.
• No-fault divorce: A no-fault divorce means that the couple wishes to terminate their marriage due to irreconcilable differences.
• Fault-based divorce: A fault-based divorce means that one of the couple is giving the court a justifiable reason for seeking a divorce. The party that files for divorce has to prove that the other party is at fault. Grounds such as adultery or cruelty may be cited.
• Collaborative divorce: This process allows couples to work with attorneys and mediators to settle disputes concerning the divorce without a trial.
• Legal separation: Utah allows legal separation. This arrangement permits couples to live apart but remain legally married. The court orders how support and custody will be shared by both parties.

Utah Divorce Court Process and Forms

Divorces in Utah are filed in the District Court of the county where either spouse lives. The process begins when one spouse, the petitioner, files a Petition for Divorce.

Other required documents may include:

• Declaration of jurisdiction and grounds for divorce
• Declaration of the other parent's earnings
• Income verification and statement of compliance with child support
• Parenting plan

Once a divorce petition is filed, the person who filed it must make sure that their spouse gets a copy of the petition and summons. In Utah, the service process for divorce petitions is typically done by a sheriff, constable, process server, or through mail with acknowledgment. The other spouse has 21 days to respond. If they are out of state, they have up to 30 days to file their answer.

Both spouses are required to disclose their financial information. If there are children involved, both parents must take a Divorce Orientation Course and a Parenting Education Class before any custody decisions are made.

Judges may suggest mediation for disputes about custody or visitation. If the couple can not reach an agreement at the end of the mediation process, the case will go to trial.

The divorce is officially completed when the judge signs a Decree of Divorce, which ends the marriage and outlines custody arrangements, property division, support, and alimony orders.

City- and County-Level Filing Details

Divorces in Utah are filed at the county level in District Courts. Here are details for some of the largest counties:

• Salt Lake County (Salt Lake City):
  • Courthouse: Third District Court, Matheson Courthouse, 450 S. State Street, Salt Lake City, UT 84111.
  • Services: This court offers online filing (MyCase) resources. It also requires parenting classes for custody cases.
• Utah County (Provo):
  • Courthouse: Fourth District Court, 137 N. Freedom Boulevard, Provo, UT 84601.
  • Services: The clerk of the court provides filing instructions at the courthouse. This court requires mediation in contested cases.
• Davis County (Farmington):
  • Courthouse: Second District Court, 805 S. Main Street, Farmington, UT 84025.
  • Services: This court provides filing packets and forms online. It also requires parenting programs in custody cases.
• Weber County (Ogden):
  • Courthouse: Second District Court, 2525 Grant Avenue, Ogden, UT 84401.
  • Services: Clerk of the Second District Court in Ogden provides filing packets at the courthouse.
• Washington County (St. George):
  • Courthouse: Fifth District Court, 206 W. Tabernacle Street, St. George, UT 84770.
  • Services: The Fifth District Court in St.George offers self-help resources and online forms.

How to Search for Divorce Records in Utah

In Utah, only specific divorce records, such as orders and decrees, are available to the public. Other divorce records can only be viewed by the people involved in the divorce and their lawyers. Private information such as Social Security numbers, financial accounts, and details about minor children is not allowed to be shared publicly. Records are maintained by the Clerk of District Court in the county where the divorce was finalized.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and case files can be requested for a fee.
• Online: The Utah State Courts XChange System allows registered users to search case records. Limited docket information is available to the public.
• Vital Records: The Utah Office of Vital Records and Statistics provides divorce certificates (summary records, not full decrees) for divorces granted since 1978. These include the names of spouses, the date, and the county of divorce.
• Third-party services: Private record search sites may provide case details, but certified copies must be obtained from the court or Vital Records.

Divorce records generally contain the names of the spouses, the date and county of divorce, the case number, and the court’s rulings on custody. The Decree of Divorce is the official proof that the marriage has legally ended.

Key Points

• Divorce in Utah is filed in the District Court in the county where either spouse resides.
• Residency requires three months, and children must live in the state for six months for custody orders.
• Both no-fault and fault-based divorces are available.
• A 30-day waiting period applies, though judges may waive it in limited cases.
• Parents must attend divorce orientation and education classes in cases involving children.
• Divorce records are public and available through county clerks, with summaries provided by Utah Vital Records.