Divorce records are legal documents containing information about the dissolution of a marriage.
These records typically include details about family members, marital history, property division, residences, dates of important events, child custody arrangements, and financial settlements.
Are There Different Types of Divorce Documents?
Yes, and understanding the different types of divorce documents is important when requesting records:
- Divorce decree: The complete court document containing all terms, conditions, and final judgment from the divorce proceedings
- Divorce certificate: A simplified document (available in many states) that proves a divorce occurred without revealing detailed terms
- Court files: All documents filed during the divorce proceedings, including pleadings, motions, and evidence
Are Divorce Records Public?
The answer varies significantly by state. In general, divorce records are considered public records under state open records laws and the Federal Freedom of Information Act. However, there are important exceptions and variations.
Open access states
In most states, divorce records are publicly accessible by default. Anyone can request these records by contacting the clerk of the court where the divorce was finalized. Examples include:
- California: Records are public unless sealed by court order
- Texas: Most records are accessible, though some details may be redacted
- Florida: Generally open to the public
- Ohio, Colorado, Washington, and many others
Restricted access states
Some states automatically limit who can access divorce records:
- New York: All divorce records are automatically sealed for 100 years and can only be accessed by the parties involved, their attorneys, or by court order
- Massachusetts: Access is generally limited to parties and their attorneys; public requires a court order
- Alaska, Arkansas, Idaho, Oregon: Records are sealed for 50 years
Sealed or redacted information
Even in states with open access, courts can seal divorce records or redact sensitive information to protect:
- Child safety and privacy
- Victims of domestic violence
- Sensitive financial information (such as Social Security numbers, bank account numbers)
- Medical records and health information
- Business trade secrets
Many states automatically redact certain information, like Social Security numbers. In other states, parties must request redaction or sealing through a court motion.
How Do You Find Divorce Records?
For divorce decrees (complete court documents)
Contact the clerk of the court in the county where the divorce was finalized. You'll typically need:
- Full names of both parties
- Date of divorce (or approximate year)
- County and state where the divorce was granted
- Case or docket number (if available)
There are fees applicable for certified copies, depending on the jurisdiction and length of the document.
For divorce certificates (simplified proof documents)
In states that issue divorce certificates through vital records offices, you can contact the relevant state office or Department of Health. These certificates provide basic information without revealing sensitive details about the divorce settlement.
Apply for a Divorce Certificate
Online access
Some jurisdictions offer online access through:
- Public Access to Court Electronic Records (PACER) system
- State-Specific E-Filing Portals
- State or county court websites
- State archives (for older records)
Why Would You Need Divorce Records?
You may need certified copies of divorce documents for:
- Remarrying and obtaining a marriage license
- Changing your name on official documents like your driver's license, or Social Security card
- Proving marital status for benefits or legal matters
- Estate planning and inheritance issues
- Financial or property matters
Read more: How to find public vital records?
