Obtaining Divorce Court Records
Divorce laws are different in every state; no two states are the same. Some states have no-fault laws while other states require one party to have done something cruel or unusual to their spouse before a divorce will be granted.
When it comes to dividing property, some states have community property laws, and other states have equitable distribution laws. Thus, there is no typical divorce file. However, there are certain divorce court records that seem to be in the case file in every case. The end of a marriage can generate a lot of paperwork.
A Typical File
Going through a typical divorce court record, the same documents will appear in just about every file. First, there is the summons and complaint, followed by the answer or response and counterclaim. There are the mediation orders and the restraining orders.
If the couple getting divorced one party requests child or spousal support from the other party, there are motions, cross-motions, affidavits for support, budgets, and so forth. These are all part of the divorce court record. These are public records; they are accessible to anyone who walks in off the street and asks for the file.
Having all this information available to the public is a strong motivational deterrent for many people who do not want their private income and expense information to become part of the public divorce court record.
Trial Records
If a married couple cannot agree on how to divide their property, on who should get custody of their children, or on how much support should be paid, the court holds a trial. At trial, the judge hears both sides' account of what happened and of how each party wants the divorce to turn out: what property they want to receive; what support they want to pay or receive; and what child custody or visitation they want the judge to award.
Final Records
When the trial is over, or, if there is no trial, when the couple has decided how to apportion their property, their income, and their children between themselves, a final divorce decree is entered in the divorce court records. Most states tack on a waiting period after the decree is signed before it becomes final, so that any couples who acted hastily and have second thoughts about whether they really want a divorce have one last opportunity to reverse the process.
When obtaining divorce court records to prove income, to prove marital status, or to resume a former married name or maiden name, the best record to have is a certified copy of the divorce decree. Every person who gets divorced should have one, and should keep it in a safety deposit box or another secure location.
