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Divorce proceedings involve personal and financial information, but detailed divorce documents are not typically public. Exceptions exist for genealogical research, but access varies by country and requires specific need or court order. In the US, access varies by state, while in England, access is granted through petitioning record agencies.
Privacy is naturally a concern for any party to divorce proceedings. Divorces involve a large amount of personal, financial, and historical information being made available to the court for officials to make their decisions. As such, while whether a divorce has occurred is typically considered a matter of public record, the detailed details, allegations, requests, and financial information generally are not. Judicial systems and government agencies often take steps to protect individuals from the unwarranted release of personal information. In some cases, only the applicants or respondents are aware of detailed divorce documents.
There are exceptions to every rule, and divorce papers are no different. Old divorce records from the early to mid 1800s, for example, may be available to researchers or those searching records for genealogical reasons. The release of these legal documents and records is generally limited to parties who can demonstrate a specific need for the information, such as descendants or legitimate researchers. In some cases, access to these documents requires release by the interested parties or a court order. Detailed divorce records, unlike birth certificates or other vital records, are generally not something the public needs access to, even in search capabilities.
The process for obtaining divorce papers can vary from country to country. In the United States, for example, states and their regulatory bodies determine the handling of divorce papers. Each state has specific requirements for granting a divorce, so access to documents also varies greatly. In most cases, a government agency keeps records of divorces and the parties involved, but the specific court granting the divorce keeps records of the actual divorce decree or settlement information in the court office. The level of public access to information about whether or not a particular divorce occurred or the details of the case will depend on the laws in effect in that state.
In other countries, such as England, Scotland or Ireland, the only way to access divorce papers is to petition the record agency. For example, in England, to obtain the documents of a divorce granted more than 20 years ago, one must petition the National Archives. To access divorce papers for more recent divorces, you must petition the Family Division Master Registry. In both cases, the person seeking the information must provide the names of the parties involved and why they wish to view the file. The level of access allowed will be decided by the official responsible for granting the authorization.
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