Divorce records are an important aspect of the legal process in California. Whether you are looking to obtain your own records or those of someone else, understanding how divorce records are maintained and accessed is essential. In this comprehensive guide, we will walk you through what divorce records are, how to obtain them, and their legal implications in California.
1. What Are Divorce Records?
Divorce records are official documents that record the dissolution of a marriage. They include the divorce decree, which contains details about the court’s final decision on issues such as property division, spousal support, and child custody. These records are maintained by the California courts and can be accessed by either party involved or by other individuals under certain circumstances.
Divorce records include:
– Divorce decree: The final ruling that includes all agreements and orders made by the court.
– Certificate of record: Confirms that a divorce was filed and finalized but does not provide detailed information.
2. Why Might You Need Divorce Records?
There are several reasons you might need access to divorce records:
– Legal purposes: Divorce records are often required during legal proceedings, especially in cases related to child custody, spousal support, or property disputes.
– Financial matters: They may also be needed to resolve financial matters such as alimony, division of retirement benefits, or tax-related issues.
– Remarriage: If you wish to remarry, divorce records may be required to prove that your previous marriage was legally dissolved.
3. How to Obtain Divorce Records in California
There are two main ways to obtain divorce records in California: through the court or the California Department of Public Health (CDPH). Here’s a breakdown of each method:
Through the Court
You can request certified copies of divorce records from the court where the divorce was filed. Each county maintains its own records, so you must contact the relevant Superior Court. You will typically need to fill out a request form and pay a fee.
Steps:
1. Identify the county where the divorce was filed.
2. Contact the clerk of the court.
3. Submit the request form (available on the court’s website).
4. Pay the applicable fee.
Through the CDPH
The CDPH can provide a certificate of record for divorces that occurred between 1962 and 1984. This document provides limited information, including the names of the parties and the date and location of the divorce.
4. Are Divorce Records Public in California?
Divorce records are considered public records in California, but there are exceptions. While anyone can request a copy of the divorce decree, sensitive information may be sealed by the court to protect the privacy of the parties involved. This often includes financial information, details about child custody, and other personal data.
5. Privacy Concerns and Sealed Records
In certain cases, a party may request that the court seal specific records to protect sensitive information. Courts may grant such requests if they find a compelling reason to do so, such as:
– Protection of minor children involved in the case.
– Protection of sensitive financial data.
If your records are sealed, only the parties involved and their attorneys will have access to the sealed portions of the documents.
6. How to Seal Divorce Records
If you believe your divorce records contain information that should remain private, you can petition the court to have them sealed. The process generally involves:
1. Filing a motion with the court.
2. Demonstrating why privacy is needed (e.g., personal safety, protection of children).
3. Attending a court hearing, where the judge will decide whether to grant the request.
7. Online Divorce Records Search
Many counties offer online searches for divorce records, allowing you to view limited information. However, to access full divorce decrees, you will likely need to visit the court in person or submit a formal request.
Steps for online searches:
– Visit the Superior Court’s website for the county where the divorce was filed.
– Use the case number (if available) or the names of the parties involved.
– Follow the instructions for accessing public records.
Conclusion
Understanding how to access and manage divorce records is essential for anyone involved in the divorce process or for those seeking legal information in California. By knowing where to look and what steps to take, you can obtain the necessary documents for legal, financial, or personal purposes.
References & Resources:
– California Courts: https://www.courts.ca.gov
– CDPH: California Department of Public Health for records between 1962-1984.
