Divorces often bring out the worst in a couple, including all their dirty laundry. Depending on where you live, your divorce hearings will be public, with other divorcing spouses waiting in the courtroom for their own cases to be called. On top of that, most of the pleadings (legal paperwork) or orders that are filed in your divorce case are available to the public. Although most of us don’t attract enough attention to worry about someone looking up our divorce decree, some couples do have legitimate privacy concerns. In limited situations, a judge will agree to keep your divorce records confidential by sealing your case. Learn more about what that means and if you qualify.
Are Divorce Records Public?
Certain aspects of your divorce case are available to the public. This doesn’t mean the court will mail copies of your divorce decree to all your friends. However, it does mean in many states an interested person could head down to the courthouse and ask the court clerk for a copy of your divorce petition or final divorce decree. State governments are interested in an open judicial system, although different states have different rules for what pleadings and portions of a divorce are open to the public view. For example, virtually every state will keep financial disclosures and domestic violence filings private. Also, children are usually only referred to by initials in a custody order and identifying information like birthdays is kept confidential. If you have other reasons for keeping your divorce pleadings private, you should consider requesting that your records be sealed.
When Should You Request to Seal Divorce Records?
In cases that involve child abuse or domestic violence, you’ll probably want to seal records to protect the victim’s privacy. You may also prefer to keep your divorce records private to conceal a spouse’s mental illness or addictions. Even couples that have a seemingly typical divorce may want their records sealed if one spouse is a well-known community figure.
Even if you believe you have good reasons for sealing your divorce records, a judge has to agree with you. Unless you can show a compelling need to keep your divorce filings private, a judge will usually side with the public’s right to information. This means you’ll have to show exigent or unusual circumstances that justify keeping your divorce confidential.
How Do I Request Divorce Records be Sealed?
In most states, you’ll need to file a motion or request to seal records along with an affidavit that explains why it’s necessary to keep your records private. Specifically, you should be able to demonstrate “good cause” that your reputation, relationship, privacy, or employment will be damaged unless the records are kept out of the public domain.
Be aware that courts take requests to seal records very seriously. You are more likely to have your request granted if you limit your scope to what has to be sealed. For example, if you’re an entrepreneur and have reason to believe your business could be harmed by income or debts and assets information contained in your divorce decree, you can request that only financial portions of your record be sealed. Although public policy favors disclosure, judges recognize there may be valid reasons for keeping your divorce records out of the public eye.