Can My Divorce Records Be Sealed to Protect My Privacy?

• Quick answer
• What are divorce records?
• What information is in divorce records?
• What information is public?
• Privacy concerns
• How can I keep my records private?
• Alternatives to litigation
• Do laws vary by state?
• Conclusion

Going through a divorce is a challenging experience, particularly when it involves sensitive personal information you wish to keep private. You may be wondering if other people have the right to read your court records and find out all about your divorce “behind your back.” This blog explains your rights and how to try and keep your divorce out of the public eye.

Quick answer: Sealing divorce records

You can request to seal divorce records – but it requires court approval, and the decision depends on the circumstances of your case and local laws.

What are divorce records?

Divorce records are official documents created during the legal process of ending a marriage. Records detail the filings, agreements, and court orders associated with the divorce case.

Standard public accessibility

Divorce records are typically public. Anyone can access them unless they are sealed by the court. Why? The intent is to maintain transparency in legal proceedings.

What kind of information is included in divorce records?

What details are in divorce records? Here are all the types of information included, although many of these are not available to the public.

• Personal information such as names, addresses, contact info of the parties involved, dates of birth (in some cases) and Social Security numbers.
• Marriage and divorce details such as the date and location of the marriage, any grounds for divorce, and the date of final divorce decree.
• Financial information such as asset division (e.g., property, savings, investments), spousal support (alimony) agreements, debts and liabilities division, and income and employment details.
• Child-related information such as custody and visitation arrangements, child support agreements, parenting plans, and any related disputes.
• Legal proceedings related to the case, including court motions, orders, and judgments, evidence presented during the case, and settlement agreements.

What information is public?

Much of the information in divorce filings is considered public. Thus, your not-so-private information could easily be obtained by an interested party. This includes divorce proceeding records, financial information and disclosures, and other documents that were filed as part of the divorce process.

It comes as no surprise, then, that a person going through a divorce would have privacy concerns. They want to prevent others from accessing potentially sensitive information about their lives.

Exceptions

There are exceptions where records can be sealed or partially redacted.

• Sealed records: A judge may seal records to protect sensitive information, such as in cases involving minors, high-profile individuals, or sensitive financial information – either by request from a party or at their own discretion.
• Restricted access: Certain parts of the records, like Social Security numbers or details about minor children, may be redacted or withheld from public access.

Examples of public information in divorce cases

Celebrity and high-profile divorces

News outlets often dig into divorces for any details they can get to craft stories around the break-up. Details like financial settlements, custody arrangements, and personal allegations often become public knowledge due to the public nature of divorce records.

Local cases

In more routine cases, a curious neighbor, co-worker, or acquaintance could access someone’s divorce records to see how assets were divided or what custody arrangements were made, simply by requesting the records from the court.

Potential privacy concerns

Why would someone want to seal their divorce records? Usually because of one or more of the following concerns:

• Identity theft: Personal information like Social Security numbers can be misused.
• Financial exposure: Detailed financial disclosures can make sensitive information accessible.
• Child's best interests: Information related to child custody and support can expose children to unwanted attention or harm.
• Reputation damage: Personal or sensitive details about the marriage, infidelity, or abuse can harm the reputation of the parties involved.
• Business impacts: Proprietary or confidential business details are sometimes revealed.

Due to these concerns or simply a desire for personal privacy, some individuals seek to have their divorce records sealed.

How can I keep my divorce records private?

When divorce records are sealed, they are unavailable to the public. This is especially relevant in sensitive divorce situations that involve child custody and financial matters. 

If you’ve decided you want your divorce records sealed, how do you go about sealing them? Here are some options.

Gag order

One way to keep private information out of the public eye is to ask the court to place a gag order on the matter. This prevents anyone from talking about or otherwise disclosing details of the divorce to outsiders. 

Financial disclosures are often of particular concern when it comes to privacy. In accordance with the law, certain financial disclosures must be made during a divorce proceeding for the sake of property division and other matters. If you’re concerned about other people accessing your financial information, you could also request that it be kept private.

If you and your spouse both want to keep your divorce records private, you can file a joint motion with the court. The judge will review your reasons and, if they're convinced it’s in everyone's best interest to seal your divorce records, they may do so.

Petition the court

To seal your divorce records, consider petitioning the court directly. You may be asked to provide compelling evidence as to why your records should be sealed. The court expects a valid reason for your request. For example, the court may view your fear of retaliation or harassment based on a public divorce record as a valid concern.

Negotiate confidentiality

In some cases, it may be possible to negotiate the confidentiality of certain information with your soon-to-be-ex or their legal representation. For example, you may be able to reach a deal that limits the details your spouse can share during court proceedings.

Sealed after submission

You might be able to have relevant documents (like your financial disclosures) sealed after they have been submitted. To do this, you would submit a motion or file an official request with the court clerk’s office.

If your marriage involves minor children, check your local court rules. Most courts automatically seal documents related to minor children.

Alternatives to litigation

If you think you need to lawyer up to protect yourself, read up on non-attorney helpers that might actually help you more.

Mediation

An alternative to hiring a pricey divorce attorney and going through litigation is mediation. This can be a useful tool for keeping sensitive information off the public record. Through mediation, spouses work with a neutral third party to negotiate the terms of their separation and resolve disputes. Often, mediation is a private process that requires no court involvement.

Collaborative divorce

In addition to mediation, other options may help safeguard your privacy in the divorce process. For example, a couple may wish to consider collaborative law or other forms of alternative dispute resolution that allow them to negotiate directly, without involving lawyers or courts.

Separation

For privacy’s sake, some couples choose to separate rather than pursue a formal divorce. This is another way to keep certain details out of the public eye.

Ultimately, whether someone chooses litigation or an alternative method of resolving their divorce depends on many factors, including individual preferences and concerns about privacy. Consider your options carefully, and choose the method that best meets your needs and preferences. 

Do divorce record laws vary by state?

Yes, divorce record laws vary from state to state in the U.S., and sometimes even by county. Here's an overview of key differences:

Accessibility

Open states: Divorce records are public by default. Anyone can request access to these records by contacting the court where the divorce was finalized. 

Examples:

• California: Divorce records are public unless sealed by the court.
• Texas: Most divorce records are accessible to the public, but some details might be redacted.

Restricted access states: Only the parties involved in the divorce or their legal representatives may access the records without a court order.

Examples:

• New York: Records are sealed and only accessible to the parties involved, their attorneys, and individuals with a court order.
• Massachusetts: Access is generally limited to the parties involved and their attorneys; the public needs a court order to access details.

Sealing of divorce records

Easier sealing process: Standards for sealing divorce records are more lenient. Courts in these states may be more willing to seal records if there is a compelling privacy concern.

• Florida: Records are generally public but courts can seal them if it’s deemed necessary to protect privacy.
• Illinois: Courts may seal records if they involve sensitive issues such as child custody.

Strict sealing requirements: The burden of proof is higher to get records sealed, and the public's right to access the records may be strongly upheld.

• Ohio: Courts are reluctant to seal divorce records unless there is a strong justification, such as protecting a child’s identity.
• Georgia: Sealing records requires a substantial reason.

Information redaction

Some states have laws that require the automatic redaction of certain information from public divorce records, such as Social Security numbers or financial account numbers (such as Minnesota and California). In other states (such as Arizona and Nevada), there may not be automatic redaction and sensitive information could be publicly accessible unless the parties request redaction or sealing.

Online access

Some states provide easy online access to divorce records through court websites or public records portals (including Colorado and Washington). In other states, online access may be limited or unavailable, requiring individuals to visit the courthouse or submit formal requests (such as New Jersey and Alabama).

High-profile cases

In states with a focus on protecting privacy in high-profile cases, courts may be more inclined to seal records or restrict access (such as California and New York). In states where transparency is prioritized, even high-profile cases may have public records unless compelling reasons are provided to seal them (Texas and Florida, for example).

Conclusion

Divorce record laws vary widely by state and often it’s up to the court to seal them or exclude details. It’s important to understand your state’s specific laws if privacy is a concern.

Do you have questions about sealing divorce records or the public’s right to your personal information? If you need guidance, call us. Click here to schedule your free 15-minute informational call with a Hello Divorce account coordinator. We can help you understand your options and point you in the direction that best meets your needs.