Are Divorce Records Public?

Are divorce records public? It boggles the imagination that something as private as a marriage, and then the personal decision to dissolve it, could be open (potentially) for public review or discourse.

It’s only natural that we’d have privacy concerns. In our hyperconnected world, companies and platforms constantly monitor every website you visit, every purchase you make, and every conversation you have online. Netflix recently released a documentary about the Ashley Madison hacking scandal. For those living under a rock, Ashley Madison is an online website for married customers seeking an affair. The tagline of the company is “Life is short, have an affair.”  The business promised discretion to its over 5 million international users. In 2015, hackers caused a massive security breach and leaked private information from some of Ashley Madison’s users to the public. This included customers’ names, home addresses, credit card transactions, and even search history.

Let’s be real: nobody wants the public to consume the details of their private life.

Are Divorce Records Public? And If Yes, Who Can Access Them?

The short answer is yes: divorce records are public. Each state and locality has different rules. So, always check with an experienced divorce attorney in your state who specializes in the sealing of records in your jurisdiction.

(Add that question to your list of questions to ask a divorce attorney at a consultation.)

How Accessible are “Public” Divorce Records?

You can usually type a person’s name into a search engine and browse a specific state and county’s electronic court filing system to ascertain whether there is a divorce action pending for a particular person, what the index number of the case is, view when that action was commenced, see who the judge is presiding over the case, view a list of the types of documents that have been filed in the action, and access the Certificate of Dissolution from the marriage.

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To understand more, learn what the difference is between a divorce decree and a divorce certificate.

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Some states do more to protect litigants’ privacy than others. For example, in New York State, courts typically seal most of the underlying, substantive matrimonial documents when they are filed. The documents contained in the electronic file (e.g., the pleadings, court orders, motions, exhibits, statements of net worth, tax returns, and other financial documents and stipulations of the settlement are private and not for public consumption.) In New York, the only individuals who can access these records are the litigants (the ex-spouses themselves), their attorneys, and others in possession of a court order permitting access to the divorce records.

However, like everything else in the law, there are exceptions. For example, if there is another court action pending on an entirely different matter involving the litigants in the matrimonial action, and information in the file may be pertinent to the other case, it can become available. (Think personal injury case or employment matter.)

How Do I Prevent My Divorce Records from Becoming a Public Record?

In most states, if you do not want your name to appear in a divorce action, you can file a motion to have an “Anonymous v. Anonymous” caption. In your motion, you need to submit a detailed affidavit to the court explaining why your reasons justify making the records private.

Some examples of “good cause” include that the circumstances of your divorce could harm your reputation, your privacy, your continued employment, or your future employment prospects.

If the facts are likely to result in significant damage to yourself and to your family, you may have a compelling reason to keep the information out of the public domain.

The court must approve these requests. And approval is based on the discretion of the judge assigned to your specific case.

The party filing the motion may also request that the entire case file be “under seal” and not accessible to the public. To determine whether to grant a seal on a case file, the judge must weigh the parties’ legitimate privacy rights against the public’s right to transparency.

Typically, courts seal divorce records to protect the identities and private information of children, shield abuse allegations, safeguard victims of domestic violence, and preserve proprietary business information. Keep in mind that even when divorce records are public, they will usually contain necessary redactions to avoid the exposure of personally identifying information such as the names of children, bank account numbers, and social security numbers. That information will not be made viewable.

As you consider all the divorce-related things you must do, keep checking things off this list so you stay organized.

Check out “Your 55 Must-Do’s on Your Modern Divorce Checklist.”

What Contributes to Divorce Records Going Public and Causing Harm

In cases where the parties are unable to settle and there is a decision after trial (read “What is a Contested Divorce?”), that decision may be published. But it is not always published. If an appeal from the trial decision is made, decisions on appeals are published in a state’s appellate-level legal court reporter. They become public records, and almost all appellate-level decisions are searchable on the Internet. They help set precedents in various jurisdictions. Sometimes, they even become viral with many news outlets “picking up” the coverage. For example, the legal beat reporter at the New York Post has published a bevy of articles involving many divorce litigants who have particularly interesting cases or those cases involving horrific facts. The stories may be sensationalized and can be highly embarrassing.

People have lost their jobs over how they have conducted themselves during court appearances and trial proceedings. Some have even lost professional licenses. That is why it is important to never behave in a way that will embarrass yourself or your family.

To Avoid It Going Public, Who Can Secure a Sealing of a Divorce Record?

Usually, celebrities and very wealthy business executives (think Fortune 500 CEOs or founders of influential start-ups) are the lucky recipients of an “Anonymous v. Anonymous” caption to prevent the media or public from knowing the sordid details and intricate financial aspects of their divorce.

If I am Unsuccessful in Sealing My Divorce Records from the Public, What Should I Do to Minimize Future Harm?

This is an important question that most litigants and attorneys do not discuss when a divorce starts, but it is of critical importance.

The best way to ensure privacy and confidentiality is to avoid the court.

You will want to aim for an uncontested divorce (using lawyers to negotiate your settlement) or explore options for divorce mediation or alternative dispute resolution. That way, you can avoid the risk of going to court in the first place. This approach prevents a judge from writing a trial decision that could potentially become public.

Many times, the knowledge of a potential trial decision being made public is a compelling reason for litigants to settle their cases.

When divorces deal with high-net-worth individuals, or are highly contentious, or the facts involving the parties are particularly egregious or interesting, the more likely the parties should want to settle. Unfortunately, all too frequently, contentious and bitter litigants first rush right to the courthouse with a blatant disregard for the potential impact that decision could have on the entire family and their future livelihoods.

How to Lessen the Impact of Your Divorce Record if It is Made Public

Always remember that your conduct matters during a divorce.

You should always consider whether you want the public to see your personal details—such as allegations of domestic violence, child abuse, fraud, adultery, job terminations, or health issues. Although it can be challenging when dealing with highly emotional proceedings, always remember to appear calm, even if you feel very anxious and angry. Be respectful to the court, opposing counsel, the adverse party, and all court personnel.

Trying to keep your divorce story contained so you secure your best financial and fairest settlement with the least amount of acrimony will lessen the likelihood that unsavory or unnecessary details will become public down the road. 

NOTES

Meredith L. Singer is an experienced NYC family law attorney. A zealous advocate for her clients, she strives to educate them about their legal choices and to keep legal representation affordable and accessible.

If you live in New York City or Brooklyn, contact Meredith for a FREE 15-Minute Consultation. Learn how she can support you as a woman.

 

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*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”