What You Need to Know About Divorce Records and Their Availability to the Public
When going through a divorce, questions surrounding the privacy of divorce records and their availability may come to mind. Here’s everything you need to know about divorce records online.
Divorce records are important documents in divorce proceedings, but can also be required for future endeavors. Using the internet or going to the county clerk’s office is a common way of accessing records. Since divorce records are made public, seek the advice of a lawyer concerning private details in the divorce records.
What Are Divorce Records and What Do They Contain?
Divorce records follow the spouses through the process of divorce and document the divorce in detail. Within these records, reasons for divorce, each party’s personal information, and the date of the initial marriage and divorce issue date are all included. Two of the most vital pieces in divorce records are the divorce decree and divorce certificate. The divorce decree contains information about the preferences of the spouses in regard to dependents, finances, and rights. When divorce is ruled final by a judge, the divorce decree is issued to signify this. After a divorce decree is on record, the decision cannot be reversed. The divorce certificate officially declares the dissolution of the marriage.
Related: Divorce FAQs in California
Divorce Records as Public Records
Under the Federal Freedom Information Act in the United States, most documents from court proceedings are available for public access, including divorce. However, certain pieces can be protected from public view. Restricted information may include personal information on minors, survivors of domestic violence or abuse, and property details. States may allow access to this information of the divorce records only to the divorced spouses or their legal teams.
Sealing Divorce Records
If spouses would not like their divorce records available to the public, they must request to have them sealed. Sealing divorce records is not guaranteed and will be decided by a judge. Reasons for sealing divorce records include information on minors, details about bank accounts or property, or details about sexual violence. Spouses must cite one of these reasons in order to be considered for the sealing of divorce records. The judge considers whether the information in the divorce records would harm or endanger the parties should it be released to the public. The need for protection outweighs the expectation that documents should be public, and a judge may agree to seal divorce records. Sealing divorce records can include the entire file being sealed or only certain pieces of information being redacted.
The party requesting a sealing of records should work with their lawyer to ensure that a strong case is built to illustrate their need. The Federal Freedom Information Act is dedicated to transparency in legal proceedings to the public, since they take place in a public court. Judges aim to uphold this by sealing divorce records if necessary.
Related: How to Get a Divorce Without Lawyers: DIY Divorce California
Where Can Divorce Records Be Found?
The easiest and fastest way to find divorce records is online. One can find divorce records by searching for the county and state where the divorce was finalized, and the name of the spouses. Third-party sites may contain divorce records, national archive sites, or PACER, which is a government access site that contains public records. PACER may be the most reliable option because it is up-to-date and accurate. The clerk’s office in the county where the divorce was finalized can find physical copies of divorce records and decrees.
What Information Is Needed To Access Divorce Records?
Unless the divorce record is sealed, minimal information is needed to access divorce records. One seeking this information must know the names of the spouses, the date of the divorce, and the state of residence. Some websites may also ask for a case number. When requesting a physical copy of divorce records of certificates, there may be a small fee charged by the county clerk’s office.
Why Would One Need To Access Divorce Records?
Below are reasons for accessing divorce records:
- Name Change. Following a divorce, one may wish to legally change their name. To make changes to government ID’s, vehicle titles, or deeds a divorce certificate may be required.
- Legal Proceedings. If a party does not abide by the guidelines in the divorce decree, one may wish to take legal action. As proof of misconduct, courts may require divorce records and decrees.
- Remarriage. If an individual would like to remarry, courts often require divorce records as proof of divorce.
Contact Us
If you or a loved one would like to learn more about whether divorce records are public and available online, get your free consultation with one of our divorce attorneys in California today!