Table of Contents
When it comes to court records, it might surprise you to hear that a lot of them are generally available to the public. However, it is fair to say that during divorce, privacy is more important than ever; divorce can be a difficult and painful process, and not everyone wants their divorce proceedings available for all to see.
In this article, we gathered the information you might need to know about what a divorce record is, which documents are public, and how you can find your own records, too.
What Is Considered a “Divorce Record?”
Divorce records are official documents relating to the divorce and establishing the annulment of marital unions. When a divorce is granted, these legal records are issued to the divorced parties as evidence of their separation. It is important to know what information each type of divorce record includes and understand the distinctions.
Divorce Decree
A divorce decree is a court order that officially terminates a marriage and lays out the court’s final rulings. Because there is no nationwide standard form of a divorce decree, some will include minimal information, and others might have more details, such as property division, child custody, and alimony.
The main purpose of your divorce decree is to finalize your divorce, but you can always use it as proof that your marriage has ended.
Divorce Certificate
A divorce certificate is an official document, but it is not prepared by a court. Instead, a divorce certificate is issued by your state’s health department or bureau of vital statistics.
Unlike a divorce decree, a divorce certificate is a simple document that provides minimal information, such as the names of both former spouses, the address of where the divorce took place, and the date of the divorce. The primary purpose of this document is to provide proof of a divorce occurring.
Why Do You Need Divorce Records?
There are a few reasons why you would need divorce records.
Name Change
After a divorce, many people want to change their names. You may need a divorce certificate to change your name on a state-issued ID, the title of a vehicle, or any other official documents.
Remarriage
Most of the time, in order to remarry, an individual needs to prove that their previous marriage is officially terminated and they are no longer married. Getting married while already in a marriage is illegal, which is why a divorce record is an essential piece of information to have for the parties involved.
Research
Divorce records can help uncover dates for individuals involved in a particular divorce or divorce dispute. In the case of personal or professional research, divorce records can help identify basic essential information about a divorce.
Are Divorce Records Available to the Public?
Due to the First Amendment and transparency in the justice system, most divorce records are made public. Usually, public records are available for viewing by anyone and don’t require any official permission. However, most states also limit access to divorce records because of the sensitive information they contain.
For example, since divorce decrees often include details such as child custody/identity, alimony, social security numbers, financial transactions, and other personal information, most states limit who can access the document. In most cases, the only people who can access divorce decrees are those parties involved in the divorce and their attorneys.
When it comes to divorce certificates, they contain less sensitive information and are available for public view. Most states put no limitations on who can get access to the divorce certificate.
Sealing Divorce Records
Many divorce documents are considered to be public records. Still, there are times when certain information should be kept private to protect sensitive matters or those involved in the divorce. In such situations, the court might “seal” the court documents related to the divorce.
If there is any information you would like to protect from the public, the court is able to apply and enforce limits on who can view and obtain a copy of the record. A sealed document won’t be available to the general public and would require a court order to obtain a copy.
Most state courts automatically seal the information, such as business expenditures and parts of the divorce documents dealing with psychological evaluations, alleged abuse, or physical or mental health information.
Filing to Protect Divorce Records
When filing the request to seal a divorce record, you must provide a specific and valid reason why this information could harm you or others involved if made available to the general public. Keep in mind that embarrassment is typically not an acceptable reason for the court to seal a divorce record and override the public’s right to keep court records public.
If your application is approved, the judge will seal the portion of the file you ask for in your request.
Should your application be denied, you can also request to redact information from a divorce record so that only the most relevant information remains.
Finding Divorce Records
Divorce and marriage records are public for several reasons. Whether a person is single or married may have implications on several legal matters, including tax filing, property ownership, parenting rights, and insurance coverage.
County Courts
The best place to start searching for divorce records is the county clerk’s office. The information you can access this way will most likely be a divorce certificate, limited to the date of the divorce, the names of the spouses, and some other minor details. If you need more information about the case, you’ll have to request a copy of the divorce documents through the same clerk’s office.
Most of the time, you can go to a local or state courthouse and request to look at paper or electronic records.
Remote Access
A court may keep a record in paper or electronic format. A record kept in electronic format is known as an electronic record and may be available online through the court’s website, viewed through something called “Remote Access.” You may look for this on the website of the court where the divorce was granted.
Through this method, your access to the record may be limited depending on your relationship to the case. As an involved party, someone authorized by an involved party, or court-appointed personnel, you will be sure to have full remote access, but your access may be limited as a member of the public.
Online Search Engine
Another way to find divorce records is by using a public records search engine. You may uncover public records about someone with just a name and state.
First, someone looking to go through this method must obtain an accurate legal spelling of the name of the individual they are looking for. Next, they need to be sure of the state where the person involved in the divorce resides (or has resided).
After inputting all relevant information, you simply click the Seach button and will be taken to a page providing all the information legally available for their desired divorce case. Although this way is certainly easier than actually going to a particular courthouse, remember that not all records will be available this way.
Find Divorce Papers Online
Whatever your reason for needing divorce papers, luckily, most are fairly easy to find. Since many of them are public record, you have multiple options for tracking them down.
The easiest and most helpful option is to use a people search tool, like Information.com, so that you can quickly find all the available public records associated with someone – including their divorce papers.