This means that unless the court agrees to file divorce records under seal, filings in divorce proceedings become matters of public record. Exceptions to open court records exist including the identification of children and victims of sexual abuse, amongst others. In most places, however, to protect divorce documents from being open to the public, one or both participants must ask the court to file records in the case under seal.
When a court files divorce records under seal , confidential or sensitive information within those records remains private and doesn't become a matter of public record. Courts can order entire records or portions of them to be filed under seal. Courts don't take it upon themselves to file records pertaining to divorce under seal. Parties in a divorce must request that the court seal them.
Divorce Records and Privacy - FindLaw
It will be up to the judge to decide whether or not to grant a motion to seal. To make this decision, courts weigh whether the damage to the party asking for privacy from public disclosure would outweigh the presumption that court records are open to public scrutiny, and whether the request to seal is narrowly tailored.
Other requests to seal records of a divorce might seek to prevent exposure of false allegations which could libelously damage one's reputation. The exposure of merely embarrassing information, however, may not cause the type of harm courts require to seal court records from the public.
Marriage, civil union and dissolution (divorce) records
Public benefits of open records include transparency into court proceedings. Through access to court records, the public maintains its ability to see what happens in public courts, as well as what information drives a courts decision. Someone asking to seal divorce records must show that the damage they would suffer if the records in question were public outweighs the public's right to open court records. In addition to involving an important potential injury, a request to seal divorce records must be narrowly tailored and not seek to seal off more information than necessary.
- Divorce | Florida Department of Health.
- salt lake city utah public records;
- The SearchQuarry.com Divorce Records Database.
- Divorce Record Information.
- johnston county north carolina public records.
- ky marriage and divorce records;
Courts agreeing to file divorce records under seal generally seal only as much information as required to protect the privacy interests in question. This can mean redacting portions of divorce filings instead of sealing entire documents.
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Narrow requests to seal divorce records have a better chance than requests to seal all records in a case. The Vital Statistics Unit provides letters verifying if marriage or divorce was recorded with the State of Texas based on the application for marriage or divorce sent to our office by the county or district clerk. If no record of a marriage is found, the verification letter itself can be considered a "single-status letter," which some foreign countries accept as legal proof of single status.
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