Are Divorce Records Public?

Updated September 13, 2024
7 min read
Are Divorce Records Public?

People wonder — are divorce records public. This question is challenging in the US, as all states have different rules and laws limiting access to divorce records. So, let’s discuss the availability of divorce records, their types, and the results of making them public.

What Are Divorce Records?

Divorce records are official documents that include information about a divorce procedure. They include the date of the divorce, the parties' names, and the settlement requirements. Divorce papers may include additional private information, property settlements, financial data, and child custody agreements.

The court system keeps and generates divorce records in the county clerk's office or the courtroom. Divorce records are typically considered public, but they are sometimes kept secret or closed. But, why are divorce records public? The main reason is that they are considered court records and are subject to public access laws, which aim to promote transparency and responsibility in the judicial system.

Are Divorce Records Public?

There are several state- and divorce record-specific answers to the question of whether a divorce is public record. In some places, divorce records are secret or sealed, but in others, the public can access them.

Are divorce papers public record? In many cases, the answer is yes. Divorce records can be open to the public for some reason. They are considered court records, and they are typically available to the public. Another justification is that the public can obtain important information from divorce documents, including the details of the divorce agreement and the asset distribution.

Divorce documents might not be accessible to the public for other reasons, though. They could include private and sensitive data, like personal or financial information. Divorce records may also be used cruelly, for example, for harassment or persecution. 

Also, are legal separations public record? In most cases, the answer is yes, but the level of access may vary depending on the jurisdiction. Similar to divorce records, legal separation documents may be sealed or restricted to protect sensitive information, but in general, they are considered public records and are accessible to the public.

Types of Divorce Records That Are Public

Several types of divorce records are generally accessible to the public. These include:

Types of Divorce Records

Divorce documents public record can be accessed in several ways. You can visit the courthouse or county clerk's office to request the records in person, or use online databases and public records search services to find the information you need.

Types of Divorce Records That Are Not Public

There are confidential divorce records. These include:

Divorce Records That Are Not Public

Some kinds of divorce records are not available to the public because they are private agreements between the parties or because they contain sensitive information. In some situations, particular individuals or organizations — like the legal system or law enforcement — might have access to them.

But where are divorce records kept? Typically, divorce records are stored in the county clerk's office or courthouse where the divorce was granted, and may also be available online through public records databases or official government websites.

How To Access Divorce Records

You can go to the county clerk's office or the courtroom and ask to view the divorce records to obtain them. Here are several actions that you can take:

How to Access Divorce Records

You have to use the information carefully and with respect for the individuals involved when achieving access to divorce records.

Also, to remove a divorce from public record, you typically need to file a petition with the court that granted the divorce, requesting that the records be sealed or expunged. The court may consider factors such as the reasoning for the request, the presence of children, and any potential harm to either party before making a decision. 

If the court grants the petition, the divorce records will be removed from public access, but it's essential to note that this process can be complex and may require the assistance of an attorney.

Creating a Divorce Settlement Agreement

You have to draft that you draft a divorce settlement agreement if you are divorcing. Together with the support and property distribution plan, and other relevant details, this agreement lays out the terms of the divorce.

You can use a divorce settlement agreement template. This template provides a draft for building a complete and fair agreement that meets the needs of both parties.

Conclusion

Divorce documents are delicate matters and can be hard to get. Some divorce documents are confidential or sealed, but others are open to the public. Are divorce filings public? In general, the answer is yes, as divorce filings are considered public records and are often available for public viewing, but there may be certain restrictions or exceptions depending on the jurisdiction. It is crucial to manage the data responsibly and to be aware of the legal rules and regulations in your state that govern access to divorce information.

Article by
Kateryna Adkham
Lawrina

Kateryna Adkham is a highly skilled and experienced content specialist at Lawrina. With her expertise and knowledge in content creation, Kateryna plays a crucial role in developing high-quality and engaging content for Lawrina.

Kateryna is responsible for various tasks such as researching, writing, editing, and proofreading content to ensure its accuracy, clarity, and effectiveness.