Are Divorces Public Record?
On your wedding day, divorce is the last thing on your mind, but statistics state that more than 40% of marriages in the US end in divorce. Reasons for divorce can vary, but some of the most common reasons include infidelity, financial issues, and abuse. More people are becoming open minded to the idea of divorce, especially in such cases, but sometimes there is still a social stigma to being divorced.
If you’re recently divorced or considering getting a divorce, you may wonder if divorce records are public. After all, it’s your personal life and you may not be ready for a potential employer or a blind date to have so much information about you before you’ve even met in person.
Though laws regarding the public record vary from state to state, there are a few guidelines that will help you understand what information is publicly available.
What Are Public Records?
Public records are, quite simply, the records your state keeps about individuals that can be searched through a publicly accessible database. This information is collected by different agencies within your state government and often include things like birth records, death records, and property tax records.
Information that’s in the public record can come up through a background check or record check performed by an individual or company. Legal records from court cases are often part of these records.
Divorce Records
Despite being a deeply personal matter, divorce is also a legal matter. Divorce records are documentation filed by the court that details the process of dissolving a marriage. These records can contain information about the individuals involved, asset division, and details about custody agreements.
Divorce Certificate
A divorce certificate is not the same as a divorce record. This certificate is a specific legal document that is issued to the two parties involved in divorce for their personal records. Even if the records of their divorce case are publicly searchable, others outside the case cannot get a copy of this certificate.
You may need a copy of this certificate when dealing with matters like property division, insurance, name change, or even remarriage.
Are Divorce Records Public Record: Who Can Access?
The accessibility of divorce records vary a lot by state. In most states, anyone can request a copy of divorce records as these legal documents are in the public record.
In states like New York, only the parties involved in the divorce or their attorneys can access divorce records. Some states also seal divorce records for a certain period of time, after which, they will be publicly accessible. In states like Oregon, that period is fifty years, protecting your privacy for a long time.
When contacting an attorney, you can get a sense of how your state handles this matter. Your legal representative will be able to advise you on how local laws affect your privacy and what is considered part of the public record.
Sealing Divorce Records
If you live in a state where divorce records are not protected, you may be wondering what you can do. Divorce records can contain a lot of personal information, especially where finances and children are concerned. You might wonder if there’s anything you can do to protect yourself from people who might want to use this information against you.
You can request that the court seals your divorce records so that they are not publicly available. With the help of your lawyer, you can petition for this, but you need to make the case for why this is necessary. The court may reject your petition.
In some cases, it may be easier to have certain details about the case and settlements redacted, rather than completely sealing the record. Once again, you’ll need to present the court with the reason why it’s necessary for your privacy or safety.
Protect Yourself When Asking Are Divorce Records Public Record
It’s right to be concerned about your privacy, but you may need to advocate for yourself more depending on what state you live in. If you have already gotten a divorce in the past, you may want to search public records to see how much of your personal information is available to others. It’s it’s more than you’re comfortable with, you may need to petition for a sealing or redaction of your records.
