Individual state laws govern access to divorce records, according to the American Bar Association Section of Family Law. These laws govern not only the extent of divorce records subject to public view but how these records are accessed. In addition, these statutes dictate how parties to a case gain free access to their own divorce records.
Types
Free access to divorce records generally is available through the clerk of the court's office in the brick and mortar world. Some court clerks now provide an Internet portal through which access to divorce records is available. Limitations exist as to how far back in time you can access divorce records online, depending on the jurisdiction.
Clerk's Rules
Each court establishes a set of rules regarding charges associated with accessing or obtaining hard-copies of divorce records through the clerk's office, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. A relatively common practice is for a clerk to not only offer a party to a divorce proceeding free access to all divorce records, often an individual receives a full set of all divorce records in hard copy form for no charge. The general public does not fare as well. Although free access to divorce records is allowed, a person unrelated to the case pays for physical copies of documents.
Internet Rules
As more jurisdictions develop online portals for court records, including those associated with divorce proceedings, free access not only is more widely available but convenient. In addition, a party or a member of the public typically can download sought-after records for free.
Misconceptions
A prevalent misconception is that divorce records are not public documents. The reality is that some information is redacted from the records of divorce cases. For example, information relating to children largely is excluded from public view. The vast majority of documents and other materials generated in a divorce case is part of the public record, like in any other civil lawsuit.
Time Frame
State laws and court rules establish different guidelines for retaining court records. In the digital age, most jurisdictions moved to maintain divorce records indefinitely. Keep in mind, however, that over time, even digital records are subject to loss or destruction.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "The Divorce Organizer & Planner"; Brette McWhorter Sember; 2004
- American Bar Association: Section of Family Law
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