How to Find
Utah Divorce Records
1852-1895
1896-1969
1970-present
Territorial
Divorce Records, 1852-1895
In order to find territorial
divorce records, researchers need to know an approximate date or time
frame in which the divorce occurred as well as where the parties were
residing at the time of the divorce. As very few of these records are
name-indexed, researchers may find their research to be very time-consuming
if they do not have this information.
The following information about
how the courts worked in the territorial period may assist researchers
in finding divorce cases. Between 1852 and 1887, two separate courts had
concurrent jurisdiction over divorce proceedings, the county Probate Court
(for each individual county) and the District Court (covering multiple
counties). Between 1852 and June 1878 there were no residency requirements,
so individuals seeking a divorce in Utah technically had the rights to
file anywhere within the territory. Most Utahns filed locally-in their
county probate court or in the area district court-for convenience, but
there was certainly nothing requiring them to do so.
In 1878, the Utah Legislature
instituted a residency requirement for divorces which became effective
after June 1878. In short, this meant that persons filing for divorce
had to file in the County Probate Court (through 1887 only) or the District
Court with jurisdiction over their place of residence. In 1887, the Federal
government removed the Probate Courts' jurisdiction over divorce cases,
and so between 1887 and 1896 all divorces were filed in the District Court
only.
District Courts in the territorial
period had jurisdiction over several counties. The boundaries changed
frequently, so a researcher wishing to see which district court had jurisdiction
over a county for a specific period of time should consult the Historical
Jurisdiction Chart.
Not all of the records documenting
territorial divorce proceedings have survived and very few are name-indexed.
A list of records series obtainable through the Utah State Archives follows
arranged by geographic area. Those that are highlighted have series inventories
with more complete descriptions of the records. Researchers may want to
consult multiple series for the same agency when researching divorces:
while case files series generally provide the largest amount of information
regarding divorce proceedings, occasionally files do not survive when
minute book entries do or vice-versa. Also different record types document
different aspects of the case. The linked inventories will give the researcher
more information about the documentation provided by each individual series.
District
Courts:
| 1st District Court |
|
Southern Division criminal case files, 1875-1895.
|
Series
1521 |
Minute books, 1851-1858, 1865-1873, 1890-1896.
|
Series
10035 |
|
|
| 2nd District Court |
|
Minute books, 1852-1865, 1880-1890.
|
Series 5319 |
Civil case indexes, 1878-1916.
|
Series
21933 |
|
|
| 3rd District Court |
|
Case files, 1852-1896. [case files prior to 1871
are not name-indexed]
|
Series
9802 |
Case files index, 1871-1896. [a partial index to
series 9802]
|
Series
3243 |
Civil case minutes, 1874-1875.
|
Series 1625 |
Territorial minute books, 1858-1896.
|
Series
1649 |
Civil and criminal registers of actions, 1870-1871.
|
Series 20011 |
Civil registers of actions, 1871-1896.
|
Series
22610 |
|
|
| 4th District Court |
|
Cache County minute book, 1894-1895.
|
Series 3588 |
Civil and criminal registers of actions, 1878-1896.
|
Series
17825 |
Judgment record books, 1891-1895.
|
Series 84165 |
Northern Division civil and criminal case
files, 1878-1895.
|
Series 1529 |
Minute books, 1878-1896.
|
Series
5062 |
|
|
Probate
Courts:
[list does not include those
counties that were not formed until after 1887 or those counties for which
the Archives has no holdings]
| Beaver
County. Probate Court |
|
Record books, 1870-1885.
|
Series
14893 |
|
|
| Box Elder
County. Probate Court |
|
Record books, 1856-1877.
|
Series 82970 |
|
|
| Cache
County. Probate Court |
|
Civil case files, 1878-1884.
|
Series
23726
online
index |
Probate record books,
1876-1906. [Creating agency is actually 1st District Court: Cache
County. The earliest volumes in this series were generated by
the Probate Court and include records of divorce actions. See
description of records for more information.]
|
Series
767 |
|
|
| Carson
County. Probate Court |
|
Records, 1855-1862.
|
Series
19802 |
|
|
| Cedar
County. Probate Court |
|
Minutes, 1859-1962
|
Series
17493 |
|
|
| Davis
County. Probate Court |
|
Divorce case files,
1875-1886.
|
Series
4700
online
index
|
Divorce registers of
actions, 1877, 1880.
|
Series
4731
online
index |
Divorce minute book,
1877.
|
Series
23694 |
|
|
| Garfield
County. Probate Court |
|
Divorce case record
book, 1883-1889.
|
Series 20937 |
|
|
| Iron County.
Probate Court |
|
Minutes, 1852-1896.
|
Series 17477 |
|
|
| Juab County.
Probate Court |
|
Minutes, 1852-1859.
|
Series 13096 |
|
|
| Salt Lake
County. Probate Court |
|
Civil and criminal
case files, 1852-1887.
|
Series
373
online
index |
Civil and criminal
case minute books, 1860-1887.
|
Series
3939 |
Civil and criminal
case docket books, 1852-1887.
|
Series
3944 |
|
|
| Sanpete
County. Probate Court |
|
Divorces, 1873-1887.
|
Series 14697 |
Minutes, 1852-1896.
|
Series 17693 |
|
|
| Tooele
County. Probate Court |
|
Record books, 1859-1892.
|
Series 1422 |
Minute books, 1859-1888.
|
Series 14650 |
|
|
| Washington
County. Probate Court |
|
Civil and criminal
record books, 1856-1886.
|
Series
3168 |
|
|
| Weber
County. Probate Court |
|
Civil and criminal
case files, 1852-1887.
|
Series
1593
online
index |
Civil and criminal
registers of action, 1868-1887.
|
Series
83901
online
index
|
|
|
Divorce
Records, 1896-1969
Divorces must be filed in the
county in which at least one of the parties reside at the time the complaint
is filed.
Salt Lake County: Researchers
will need to know the names of the parties and the approximate date of
divorce. These records are available onsite at the Utah
History Research Center for the researcher's visit. For information
as to the types of records available to the researcher for Third District
Court: Salt Lake County divorce cases, the following series inventories
may contain more details.
Third District Court:
Salt Lake County
|
|
Civil case indexes,
1896-1968. Indexes series 1622.
|
Series
6071 |
Civil case index, 1969.
Indexes series 1622.
|
Series
14260 |
Civil case files, 1896-1969.
|
Series
1622 |
For Other Counties: Records of divorces filed since statehood (1896)
in many other District Courts are still accessed directly
through those district courts. Contact the State Archives
for further information or check the Court
Directory for current contact information for individual
county district courts.
Divorce
Records, 1970-present
For certified copies of divorce
decrees and other pleadings, 1970 to present, researchers should contact
the District Court where the case was filed.
Third District Court: Salt Lake County
Att: Archives/Records
450 South State Street Salt Lake City, UT 84111-1860
Sally Koch, Deputy County Clerk
Tel. (801) 238-7185
Fax. (801) 238-7396
Email: SALLYK@email.utcourts.gov
Addresses and phone numbers for all other county district courts are
obtainable through the Utah Court
Directory.
Divorce
Records, 1978-present
For certified copies of marriage and divorce
certificates statewide (short form only), 1978 to present, researchers
may contact:
Bureau of Vital Records
Utah Department of Health
288 North 1460 West
Salt Lake City, UT 84114-2855
Tel. (801) 538-6105 (recorded message)
Webpage: health.utah.gov/vitalrecords/silver/marriagedivorceinfo.htm
