Emery County Divorce Decree and Court Records
Emery County divorce decree records are held by the Seventh District Court Clerk at the Emery County Courthouse in Castle Dale. Known as part of Castle Country in central Utah, Emery County has maintained court records going back to 1887. Whether you are searching for a dissolution of marriage case for legal purposes or genealogical research, the District Court Clerk in Castle Dale is your main point of contact. The Emery County Library also provides research tools that can help you locate and access historical records.
Emery County Quick Facts
Seventh District Court in Emery County
The Seventh Judicial District handles divorce cases in Emery County along with Carbon, Grand, and San Juan counties. The District Court Clerk at the Emery County Courthouse maintains every divorce decree filed in the county. Court records here begin from 1887, giving researchers a long window into the county's legal history.
Emery County was formed on February 12, 1880, from portions of Piute, Sanpete, and Sevier counties. It was named for George W. Emery, who served as governor of Utah Territory in 1875. The county seat of Castle Dale sits in the heart of this rural region. The courthouse at 1850 North 560 West is the central hub for all district court matters, including divorce filings and decree requests.
The Emery County official website provides contact information for county departments, including the County Clerk and District Court, both of which can assist with divorce record inquiries.
Through the official county site, you can find office hours, phone numbers, and links to online services for requesting records and paying fees.
| Court |
Seventh District Court Emery County Courthouse 1850 North 560 West Castle Dale, UT 84513 |
|---|---|
| County Clerk |
Emery County Courthouse 1850 North 560 West Castle Dale, UT 84513 Marriage records from 1888 |
| Hours | Monday through Friday, standard court hours |
| Website | utcourts.gov |
Searching for Emery County Divorce Records
Finding a divorce record in Emery County starts with knowing what type of document you need. The full divorce decree is at the District Court. A shorter divorce certificate covering 1978 to 2010 comes from the state vital records office. Historical records before 1978 are at the court or the Utah State Archives.
The Utah Courts website at utcourts.gov provides divorce forms, step-by-step guides, and online resources for searching court records. The court's Online Court Assistance Program (OCAP) generates approved forms through a guided process, making it easier for people who are not represented by an attorney to file or request documents in Emery County.
You can also search Emery County divorce cases through the Utah XChange system at xchange.utcourts.gov. XChange covers cases filed after 1997 and includes basic case details such as party names, filing dates, and case status. A subscription is required for full access, but free terminals are available at the courthouse in Castle Dale.
For in-person requests, go to the Seventh District Court at 1850 North 560 West in Castle Dale. Bring a photo ID and any information you have about the case, such as the names of the parties and the approximate year of the divorce filing. Staff can search by name or case number. Rural access in Emery County means in-person visits often result in faster turnaround than mail requests.
Note: The MyCourtCase portal at mycase.utcourts.gov allows parties to an active case to monitor filings and receive updates without visiting the courthouse.
Emery County Library for Record Research
The Emery County Library is a useful resource for anyone researching divorce records in the county, especially for genealogical purposes. The library provides public access computers for online searches and staff who can assist with local history and genealogical inquiries.
The library may have newspaper archives and historical documents that can help you establish timelines and dates for divorce proceedings going back many decades in Emery County. Multiple branch locations serve the county's communities.
In addition to the library, the Emery County Archives maintain historical county records dating back to 1880. The archives focus on preserving documents for public access and accept donations of historical materials. For older divorce records that may not be indexed online, the archives can be a valuable stop before visiting the courthouse.
Divorce Filing Process in Emery County
Filing for divorce in Emery County follows the process set out under Utah law. You file a petition with the Seventh District Court Clerk and pay the filing fee of approximately $330. The clerk opens a new case and assigns a case number. Every document filed from that point becomes part of the court record.
Under Utah Code § 30-3-1, you or your spouse must have lived in Utah and in Emery County for at least three months before filing. Irreconcilable differences is the most common no-fault ground for divorce in Utah. Fault grounds are also available, including adultery, willful desertion for more than one year, habitual drunkenness, felony conviction, and cruel treatment causing bodily injury or great mental distress.
Utah law requires a waiting period before a divorce can be finalized. Under Utah Code § 30-3-18, the court cannot hold a final hearing until 30 days have passed from the date of filing. Cases involving minor children carry a 90-day wait. During that period, the court may issue temporary orders on custody, support, and property use. When children are part of the case, both parties must complete the mandatory divorce orientation education course required by Utah Code § 30-3-11.2.
Property is divided under the equitable distribution framework of Utah Code § 30-3-5. The final divorce decree issued by the Seventh District Court Judge in Emery County will include all orders on property, debts, support, and children. That decree is the official record of the dissolution of marriage and is kept on file at the courthouse indefinitely.
What Emery County Divorce Decrees Contain
A divorce decree from Emery County is the court order that formally ends the marriage. It is signed by the judge and entered into the court record by the clerk. The document contains the names of both spouses, the date of the decree, and the grounds for the dissolution of marriage.
Under Utah Code § 30-3-4, the decree may include orders on children, medical coverage for dependent children, property division, and debt assignment. Name restoration is also included when a party requests it. The full case file may contain additional documents such as the original petition, the response, any motions filed, financial disclosures, and any settlement agreements.
Emery County divorce case files are public records under Utah Code § 63G-2-201 (GRAMA). This means any member of the public can request to view or copy these records. However, sensitive data such as Social Security numbers, bank account details, and information about minor children may be redacted in public copies. Records sealed by court order are not available without a separate court ruling. The divorce decree itself remains open to inspection regardless of whether other parts of the file are sealed.
Note: Emery County divorce records from 1887 to the present are available at the District Court in Castle Dale, making this one of the more complete rural county court record collections in Utah.
Emery County Divorce Certificates from the State
The Utah Office of Vital Records and Statistics holds divorce certificates for divorces granted statewide from 1978 to 2010. This includes Emery County divorces during that period. A certificate is a shorter document than a full court decree. It confirms the divorce and provides key facts but does not include settlement terms or child custody orders.
To request a certificate, visit vitalrecords.utah.gov to order online. You can also mail your request to Office of Vital Records, P.O. Box 141012, Salt Lake City, UT 84114-1012. In-person service is at the Cannon Health Building, 288 North 1460 West, Salt Lake City. The office is open Monday through Friday, 8:00 AM to 5:00 PM, and can be reached at (801) 538-6105. The first certified copy is $18, and additional copies ordered at the same time cost $10 each.
Access to these records is limited under Utah Code § 26-2-22 to the person named in the record, immediate family members, legal representatives, or those with a direct and tangible interest. For Emery County divorces before 1978 or after 2010, contact the Seventh District Court in Castle Dale directly.
Nearby Counties
Emery County shares borders with several other Utah counties in the central and eastern part of the state. If you need to determine which court has jurisdiction over a divorce case, look at the county of residence at the time the petition was filed.