Are divorce records public?

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Are divorce records public?

Desk with a gavel and a man writing in a bookIn the state of New Jersey, divorce documents are generally considered public records. There is a possibility that a third-party could access copies of your divorce documents. New Jersey divorce decrees are available through the Superior Court of New Jersey Record Center if you want to know how to find out if someone is divorced.

How to see if someone is divorced

Court records are generally available for public inspection. There are certain exceptions, as not all divorce records are public. In New Jersey, divorce cases take place in the Family Division of the Superior Court at the county court level. Once a judgment of divorce is issued, the case is closed. Those closed divorce cases are stored and archived by the Superior Court clerk’s office. There are certain rules pertaining to requesting copies of court records, particularly for your own matter.

Public members are entitled to records deemed public, and the New Jersey Open Public Records Act outlines a procedure for accessing such public documents. These include divorce records that are public. Information from divorce documents is much more difficult to obtain than other public records, because certain financial information, testimonies regarding personal matters, and information regarding children are often required to be redacted.

Information such as the following:

  1.  Telephone numbers;
  2.  Credit card numbers;
  3.  Insurance policy numbers;
  4.  Driver’s license numbers;
  5.  Social Security numbers; and 
  6.  Domestic violence abuse victims’ identities must all be redacted before the information is released to the public.

Records can be sealed, but if they are sealed, are divorce records public? They can be, but both parties must agree, and the court must approve the request.

How to find public divorce records

Recent divorce cases are housed at the county clerk’s office while less recent documents will be archived through the Superior Court of New Jersey. There is a cost to obtain documents from the center.

Can you view divorce records online? 

If you want to  know if divorce records are public, you can access divorce records through the Family Automated Case Tracking System, also known as “FACTS.”  Divorce records in New Jersey are designated public records and are available for public viewing through FACTS. Certified copies of divorce records can only be requested by the parties or people directly related to them. New Jersey does not designate divorce records as vital records. Therefore, divorce records are not maintained in the vital records department.

Can you look up divorce records?

A final judgment of divorce, also referred to as a divorce decree or a certificate of divorce, are considered public records in New Jersey and can be accessed by the general public without a separate court order authorizing the request.

Are divorce settlements public record? 

Yes, depending upon the nature of the settlement agreement, it is likely that the settlement will be accessible as well, with the exception of any redacted information, or if the court determined that it would be sealed.

What is an NDA in divorce? 

NDA is a divorce non-disclosure agreement where generally two or more parties sign the document, which is also referred to as a confidentiality agreement. This is a legally binding contract created to keep information private from people outside of those that are parties to a particular matter.

If you want to know if divorce records are public contact us today at DeTorres & DeGeorge, New Jersey divorce attorneys. We are here to help!

 

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