Divorce Records

There are important things to think about when it comes to your divorce records before, after and during the divorce process. After both spouses file all the divorce papers, the judge will finalize the divorce by issuing a decree of divorce, which is the last document in your official records. In every state, except Nevada, before a divorced person can re-marry, they must present a copy of their divorce decree.

Important Divorce Records

Before filing for divorce, you should take some time to review your documents, gather them up and take them to your divorce attorney. Your attorney may need these documents to help negotiate a settlement with your spouse, or present to the court during hearings or a trial.

In any divorce case, you or your divorce attorney will need these records to help figure out expenses, income, and marital versus non-marital property or debts. These divorce documents will be important even if you are filing for an uncontested divorce.

Divorce records often include financial documents like income tax returns, business balance sheets, bank account statements, mortgage documents and credit card or loan information. Divorce records may also include any pre-nuptial agreements signed by the parties.

If you are in a domestic violence situation, it may also help your divorce case if you present any evidence of abuse, such as pictures of any domestic violence incident, police report or medical records. Be certain to give these records for your attorney to review and present to the judge in your divorce case.

Your Rights Regarding Divorce Documents

Federal law, known as the Freedom of Information Act, requires that the courts give the public access to all court documents including divorce records. If you are going through a divorce, it is smart to consult with an attorney even if you end up representing yourself in the case. An experienced attorney will answer all of your questions about your records and your legal rights.

Getting Your Records

Several services exist to help you get your divorce records. You can use a website to search online for your records.

When searching for your records online, the more information you provide the better your chance to find the records you want.

General searches can be done with as very little information. Sometimes, all you need is the first name, last name and date of birth or last known address in order to obtain divorce records. But most often, best results are reached when you have the following additional information:

• Full name of husband/wife including any maiden names
• Place of divorce
• City or town, county, state (if known)
• Date of divorce or annulment (if known)
• The type of final decree (if known)

In most cases, your records are stored at both the state and the county level. But you can also go directly to the court that issued your final divorce decree and request your records. You can often get your divorce records in 2 to 9 business days.

However, some states and counties do not store their records on computers, most older records are not stored on computer, some states have limited personnel, and will only accept applications by mail. In those situations, it may take up to three weeks to get your divorce records. There is usually a small fee that must be paid to the clerk of the court, however, the court holds on to your court records indefinitely. So, even if you received your divorce decades ago, the court will still have your official records.

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