The American public holds many values dear, including freedom of information and open access to government. Longstanding state and federal laws have made court records available to the general public, furthering these values.
When going through a divorce, you might have mixed feelings and thoughts about strangers having easy access to your records; after all, nobody wants the details of their divorce aired out in public. Here, you’ll understand the process for getting divorce records and their purpose.
What is a Divorce Record?
Divorce records are used to describe a vast range of documents that relate to a divorce. It entails all of the official documents you gathered during the legal processing of your divorce. These documents are also formed in divorces where the parties accept the terms and jointly submit their draft papers to the court.
Divorce records can provide information about your family history, providing more details that may not have been known or discussed within your family. They contain a decree and all the information of a certificate. They also include documents and files that were created during your divorce proceedings.
The evidence, judgments, and information in your divorce record will be helpful in any future court hearing. For example, your ex-spouse may try to change the court’s decision regarding your case.
How To Get Divorce Records In The US
Every court record contains sensitive and personal information. Some courts and states have policies about who can fully access divorce records. The primary reasons that prevent people from getting their divorce records are cost, time, and accessibility.
Still, thanks to modern technology, it’s now cheaper and more accessible. If you need your divorce records, you must first submit an application to the court where the divorce proceedings were held.
Typically, every state in the US handles their divorce differently. Still, the court in charge will either be the county circuit court, superior, or state court. Most courts will even allow you to search for your case online, but if otherwise, you can apply in person or through the mail. In order to identify your case, you must first gather the following.
- The name of the court where your divorce proceedings occurred
- The citation number, cross-reference number, or the case number
Some state court systems can allow you to search for your case using the name of the person involved. However, you must know which law court you should apply the search to, as many courts will only give copies of divorce records to the parties involved in the case and their lawyer.
Sealing Your Divorce Records
Most courts remove certain information, such as bank account details and SSN (social security number), from the public record. On a side note, check with the court’s clerk to ensure your court also does this, and never include vital information in any court filings unless necessary.
If you want to protect your information, one spouse must request that the court impound or seal the record. When a court seals your divorce records, it keeps a copy of the document for its purpose but places stringent limits on who can copy and view the divorce record.
Once you seal your divorce record, it won’t be available to the public. Courts grant requests to seal divorce records to keep the following pieces of information private.
- Mental and physical health information
- Details of child or domestic abuse
- Business Information
- Information about your kids
Final Thoughts
Going through a divorce is stressful enough, and the last thing you want is for your personal information to be shared publicly.
Sealing your divorce records is one more way to help you feel secure as you move forward in this next chapter of your life.
However, you should know that the process and the decision altogether are not autonomous. One spouse has to request it from the court, and they’ll review the request to determine if it’s warranted, but with the permission and signature of the other spouse, of course.
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