What Are Divorce Records?
The effects of divorce are felt for a long time, and certain aspects of the dissolution must be necessary for future events. Tasks like amending alimony or applying for remarriage require you to show the courts clear documentation.
Divorce records are a collection of these documents. They detail the timeline and results of a divorce, providing the appropriate context behind certain decisions and how each party's situation has evolved.
Are Divorce Records Public?
Yes, like all government-created records, divorce records are publicly available. Anyone who knows the spouses' names and the date of divorce can locate a record, but there are numerous exclusions.
The courts must learn sensitive information about the parties, such as social security numbers, abuse, and, in some states, financial matters. Due to the potential risks they bring to the subjects, these issues are protected under privacy laws.
Information concerning the divorcee's children is also blocked in most jurisdictions.
What is Included in These Records?
What files are included in divorce records depends on the proceedings' length and level of contentiousness. The most commonly included documents are the following:
- Divorce Pleadings: This form opens the case in family court. Many states offer separate versions for situations such as divorcing children or without shared property.
- Court Transcripts: These are records of what is said throughout the deposition and court processes, which can be used as evidence for future contests.
- Affidavit: Family courts require a financial summary from both spouses before a case begins. The judge uses information about their incomes, expenses, debts, and financial policies to create a fair division.
- Temporary Restraining Order (TRO): Spouses with a dangerous or violent partner can get a TRO to protect themselves throughout the process.
What is a Divorce Decree, and What's Included in it?
The divorce decree, also called the final judgment, is the most influential document regarding a divorce. This paper officially marks the marriage's legal dissolution and outlines terms for the most contested topics, including:
Spousal Support
Also called alimony, this describes each spouse's financial obligation to each other. The guidelines and standards vary significantly, with many states requiring the couple to be married a minimum number of years before awarding alimony.
Child Custody
The judge looks at multiple factors, such as the parent's health, competency, work schedule, and financial stability, to decide what's best for shared children. Child custody agreements describe where kids live, visitation privileges, support payments, and who has the authority to make decisions for the child.
Division of Assets and Debts
Property and debts are split differently depending on the state. There are community property states, which equally share all property between spouses, and marital property states, which draw a line between what was and wasn't gained during the marriage.
Only after a judge signs the divorce decree is each spouse allowed to remarry. The document must also be certified and presented when asked for proof of the divorce.
Different Divorce Laws in the US
Individual counties manage divorces, so the exact process and required forms will vary. However, there are common divorce types and distinctions attributed to each one.
Contested vs. Uncontested Divorces
Contested divorces occur when the spouses cannot agree on key issues and reach a settlement. The contested points most often concern child custody, asset division, or financial responsibilities to one another.
Uncontested divorces don't necessarily mean a short process. It only means that the spouses were able to reach an agreement outside of court and were open to negotiation. However, uncontested divorces are typically less costly and vehement than their counterparts.
Legal Separation
Legal separation allows married people to live apart without formally ending the marriage, but it isn't permitted in all states. The process isn't just moving out and never seeing each other again.
The courts are informed of the separation and formalize each spouse's rights and responsibilities while separated. While the courts decide on custody arrangements, each spouse bears the financial burden of newly accrued debts.
No-Fault vs. Fault Divorces
In a no-fault divorce, neither spouse needs to prove the reason for the divorce. They must still provide grounds for the dissolution, but vague reasons like irreconcilable differences or the irretrievable breakdown of the marriage are acceptable.
Fault divorces require one spouse to prove the other is to blame for the marriage's end. Commonly given reasons for fault divorces are adultery, substance abuse, or domestic violence.
Traditionally, the harsher term "divorce" was tied to fault divorces because those situations were caused by one of the spouse's improprieties. No-fault divorces were given the softer name of "dissolution of marriage".
General Filing Requirements for Divorce
Filing a divorce petition requires that one spouse live in the state for a minimum period. This standard ranges from three to twelve months, depending on the jurisdiction. Additionally, they must have resided in the filing county for a shorter period.
After meeting these conditions, a spouse may file for divorce. If they are not residing in a no-fault state, they may need to provide an adequate reason for the dissolution. The correct paperwork can be found on the family court's website or by visiting the court clerk.
Finally, the paperwork must be served to the other spouse. This task can be done personally, by a third-party service, or through local law enforcement. After delivery, you will file a proof of service to the court, stating that you followed the correct procedures in serving the respondent.
The respondent then has a specified time to file a "Response to the divorce petition." If they fail to do so, the courts will award the other party a default judgment.
US Divorce Rate and Reasons
Don't believe the famous statistic that half of all marriages are destined to fail. Regarding first marriages, the divorce rate was 43 percent in 2022. This may sound like a small change, but that is many more successes, considering there were over 2 million marriages that year.
The exaggerated statistic stems from the fact that second and third marriages end at substantially higher rates: 60 and 70 percent, respectively. Despite the relatively few number of remarriages, these increased divorces in subsequent marriages creates the misunderstood, but technically correct, divorce rate of roughly 50 percent.
Common Reasons for Divorce
Each marriage is different, but similar problems plague many. Note that several responses can be given as to why a marriage ends. Here's a ranking of the most frequently cited reasons for divorce:
Lack of Commitment75%
Infidelity60%
Domestic Abuse24%
Excessive Arguing58%
Married Too Young45%
Financial Struggles38%
How to Access Divorce Records
Accessing divorce records can be done through physical or online methods. The exact process, storage location, and required forms can vary depending on the state where the divorce was finalized.
Physical order methods include mail and personal visits. Most states keep these records at the filing county clerk's office, but others also leave it to the state's Vital Records Division.
Order by Mail
There are minor changes in each county's request process, but you should always know at least one of the following:
- Divorcee's Names
- Date of Divorce
- Case Number
- Attorney's Names
This information will help the employees search more efficiently and significantly increase delivery time. You should call the relevant agency's office to learn where to find request forms and the search fee.
To be safe, you should also enclose a photocopy of an unexpired photo ID to confirm your identity.
In-Person Visits
Going to the court of clerks is the fastest way to access divorce records. The employees can help you complete the appropriate paperwork and process your payment in various ways.
Best of all, you can leave with the divorce records in hand rather than waiting weeks for snail mail to arrive.
Online Requests
Online requests are the more convenient option. The county court's website typically provides fillable web pages where you provide the same information listed above.
There will also be a place to describe your relationship to the case, which may prompt the court clerks to request a photocopy of your ID.
Requests are prioritized by order of arrival, so it could take weeks or months to receive your certified copy via mail. Additionally, many states have a soft period before records are stored in their databases, further delaying your order.
Unofficial Divorce Records
You'll need a certified divorce record for legal chores like applying for a new marriage license or reverting your last name. However, many administrative or professional tasks can be done with an unofficial divorce decree, instead.
These are found in several places, but you can request one from the county clerk or a vital statistics employee. Many states provide access to online databases where you can print them yourself.
We strongly recommend confirming that an unofficial copy is sufficient with whoever you're working with.