How to Find, Request and Access Divorce Court Records

Divorce court is where all matters pertaining to the breakup of a legal marriage are heard and decided. Divorce courts work closely with family courts, which decide matters that involve children, mothers and fathers, and close relatives of children. Family court determines child custody issues, visitation rights, child support, spousal maintenance (alimony), and guardianship of children. However, for most divorcing parties, hearings will be scheduled in one court to decide all issues regarding the breakup of the marriage.

Types of Divorce Court Records

There are two types of divorce court records. The first is the divorce decree which is prepared by the court and signed by a judge. This is filed in the county where the divorce takes place. This document contains all the terms and conditions of the divorce in one place, including personal information and details about finances and property division.

The second kind of divorce court record is a divorce certificate. This document contains basic information about the divorce but not all the details. Not all states have both types of divorce court records, so you must make sure you know what you are asking for when you contact the county court. Some states will only release the brief divorce certificate information.

Requesting Divorce Court Records

It is easiest to locate divorce records if you know the county in which the dissolution of marriage was filed, but you may also be able to ask the state courts to search the entire state for the records. Fees will apply to these searches and the court will disclose the fees up front. Usually, fees are simply the cost of making copies.

Most divorce court records are unsealed and available to people who request them. These people must prove that they were a party in the divorce (the husband or the wife), or they may be attorneys of record who represent the husband or wife in the divorce or other issues relating to the marriage. Other people may obtain divorce court records only by order of the court in which the divorce took place.

When you order copies of divorce records, you will need to provide your drivers license or state-issued photo ID card or other photo identification to prove who you are. In addition, you may need copies of telephone or utility bills to prove your address. The more identifying information you include, the less likely your application for copies will be rejected. Each state has its own guidelines on proving identity and you must carefully follow the requirements for your individual state.

There are always copy fees when you request divorce records from your county clerk. These fees are usually nominal unless you ask for certified copies of the documents. It will typically take from one week to eight weeks to receive copies, depending upon how you ordered them and what kind of delivery you request.

Divorce Court Documents

Most of the time, divorces are granted by filing a series of documents beginning with a divorce decree or dissolution of marriage. The petitioner (the person asking for the divorce) must prove that the dissolution of marriage papers were served to the respondent (the husband or wife of the petitioner). Property is listed and divided according to guidelines or the wishes of the parties involved. This document is usually called a "declaration of disclosure" and lists assets, debts, and owned property. Children’s names and birthdates are recorded and the specifics of custody, visitation, and child support are outlined. There are many different kinds of documents related to children and support if these issues are contested by either the petitioner or the respondent.

All these documents are kept on file by divorce courts even if the former husband and wife do not have disputes. If they do dispute any part of the divorce decree, or wish to change anything that was previously determined, they may need to appear in divorce court. These records are considered continuations of prior proceedings and must be requested separately when you are requesting divorce records.

In certain cases involving accusations of child abuse or neglect or domestic violence, divorce records may be sealed to protect the identities of the parties involved. In these instances, records may be obtained only by order of the court. It is rare that divorce records are sealed.

Resources

It is easiest to contact the clerk of courts in the county where the divorce took place. It is also possible to obtain divorce court records by contacting the state health department. Contact information and guidelines for making requests can be found by searching for “vital records” on your state’s government website.

The Centers for Disease Control and Prevention (CDC) of the United States maintains a state-by-state portal with more information on how to obtain vital records such as divorce records. Visit

http://www.cdc.gov/nchs/w2w.htm

and click on the name of the state where the divorce occurred. You will then be presented with guidelines and contact information for obtaining the vital information you are looking for.

The California Courts website also has some good general information about how divorce courts work and what many legal terms mean in plain language. This general information site is located at

http://www.courtinfo.ca.gov/selfhelp/family/divorce/.

The forms included at this site are for California divorces only. Your state will have its own set of documents to file.