You probably don’t have paparazzi following your every move, but that doesn’t mean privacy during divorce, and afterward, isn’t important to you. So the question often comes up, are divorce records public? How private and secure is your information?
Are Divorce Records Confidential?
In short, no. Court proceedings, including divorce records, are generally public records.
This means that various documents, including some divorce records, are out there for the taking. Divorce certificates and divorce decrees are among the available options.
- A divorce certificate serves as basic legal proof that you’re no longer married. A common use is changing your legal name with the Department of Motor Vehicles.
- A divorce decree contains the detailed terms of the divorce and binds both parties.
- A divorce record is the case file from the legal proceedings. It collects all of the papers and forms you filed during the divorce. This includes sworn statements, financial documents, support payments, and a copy of the divorce decree.
There are multiple ways to access divorce records:
- You can go through the government.
- Private companies also delve into the available databases for you, for a cost.
- Sometimes all it takes is an in-depth internet search (or scrolling through social media feeds) to locate what you’re looking for.
The more information a person has, the easier it becomes to track down their records. Name, date of birth, and the state where the divorce took place, among other details, all help narrow a search.
Other Reading: Should I File For Divorce First?
Why Do You Need Divorce Records?
While this may sound like a shady business at first glance, there are legitimate reasons to track down divorce records. Certified copies of divorce decrees are either authorized or informational and must be obtained from the specific county Superior Court where the divorce papers were filed.
Name Change:
Following a divorce, many people want to distance themselves from their marriage. Name changes are common. To alter your name on a state-issued ID, the title of a vehicle, or the deed to a home, you may need a divorce certificate.
Remarriage:
Second marriages are also commonplace. You may need to show proof that you’re no longer married to receive a marriage license. A divorce certificate offers one way to verify that fact.
Researching Ancestry:
An informational divorce decree is available for family history or genealogy purposes. These, however, are stamped with a declaration that the document is not valid for identification purposes.
Legal Matters:
If your ex fails to abide by the terms of the settlement, you may need to take legal action. A divorce decree lays out the specifics of your split in explicit detail. Before taking legal action, it’s important to double-check the terms.
While this is the type of document you should keep in a safe place, we know that doesn’t always happen. Documents get lost, and sometimes you need a new copy.
Related Reading: What to Expect From Divorce Hearings
Can Divorce Records Be Sealed?
In some cases, the court can seal records, thus protecting privacy during divorce and afterward. In most cases, however, you have to ask for it.
The courts rarely seal divorce records on their own.
One or both parties involved in the case must make the request and apply. You can do it on your own or work in tandem with your soon-to-be-ex. After looking over your application, the judge ultimately rules on whether or not to seal your divorce records.
In order to get this decision, you must show damage was done by leaving this information public and that outweighs the court documents being available for widespread scrutiny.
People have the right to know what happens in the courts. Transparency is a vital part of the process, so courts are often reluctant to seal documents without substantial justification.
Other Reading: Why Does Divorce Take So Long?
Reasons To Seal Divorce Records
A judge won’t seal divorce records simply because they might reveal embarrassing information to the public. You can’t go this route just because you don’t want people to see the sordid details of your split.
Common reasons to seal court records:
- Protect the identity of children.
- Protect victims of abuse.
- Safeguard sensitive details like bank records and social security numbers, and to
- Shield information about businesses.
If a case involves false accusations against one party that may damage a person’s reputation or constitute libel, the courts may also consider them. But again, just because you find specific information awkward or uncomfortable isn’t enough.
Tips to Protect Your Privacy
It’s incredible what is and isn’t part of the public record. Divorce documents are certainly out there and available for those inclined to look. An intensely personal time, you don’t want people to access divorce records and root around in your business.
But you can still safeguard yourself, even without a judge closing court proceedings.
- Keep a low profile.
- Don’t broadcast the details of your divorce all over social media.
- Know that anything you write, Tweet, or text can come into play in your case. From there, it becomes part of the public record, so think before you hit send.
- Most importantly, be smart about what you put out into the world during this time.
Other Reading: Should I Declare Bankruptcy Before or After Divorce?
