If you’re among the 3% of individuals considering divorce in North Carolina each year, you may be wondering, “Are divorce filings public record?”
The answer is yes. Divorce filings are accessible to the public. However, there are strategies you can discuss with a family law attorney to protect your privacy.
The guide below will provide an overview of public record regulations concerning divorce filings in both North Carolina and across the United States. Read on to discover the standard information found in these records and the measures you can take to prevent malicious actors from accessing them.
Divorce filings in North Carolina are a matter of public record, so anyone can ask for them unless you take specific measures to restrict access. Divorce records tend to contain information such as the names of the parties and the grounds for divorce, which means they may be enough to embarrass someone. To protect your privacy, you can request a sealed divorce record or limit the sensitive information you include in the filing.
Are Divorce Filings Public Record?
In short, yes.
Most of the time, anyone can request access to documents that the state government has deemed not inherently confidential. These include divorce records. The government considers it their business to maintain them and allow public access unless specifically exempted by law.
Different areas in the U.S. have varied public record laws when it comes to protecting personal information, and they will also have a limit on how long they can hold onto them. However, the state may limit this availability for several reasons.
In a divorce, you can expect the following information to be available to anyone who wishes to learn it:
- Divorce Complaint document
- Final divorce Decree or Judgment
- Financial affidavits
- Property settlements
- Alimony orders
- Specific divorce motions
- Court rulings
The complete list of information is much longer than this, but it is important to note that many documents may contain large amounts of private information. These include:
- Full names
- Addresses
- Birthdates
- Income information
- Contact details
- Grounds for divorce
All of the above, especially the grounds for divorce, could be problematic for someone else to obtain. As such, despite it being useful to have a public record of these for transparency, it is often in your interest to ensure they are kept as private as possible.
Sealing Personal Divorce Records for Privacy
While divorce records might publicize key details you might want to keep private, exemptions exist to protect individuals in complicated circumstances. North Carolina has rules and procedures that tend to repeat or enforce federal laws and court rulings. These include:
Protection of Minors
In North Carolina, the courts tend to be very sensitive to issues regarding minors. If there is a concern that a minor needs extra protection for their privacy or safety, you can investigate redacting these details from court records.
Domestic Violence or Other Safety Concerns
When a case involves issues that could cause an individual to worry about their safety, the courts may seal records. Examples of these situations include during cases of:
- Domestic violence
- Stalking
- Harassment
- Threats
- Criminal activity
- Fear of reprisal from peers or family
Sealing in this way may protect addresses, contact information, or other identifying details to stop people from taking action that may lead to you coming to harm.
Financial Privacy
While the courts will rarely seal financial information, they may do so if an individual can prove that revealing them can lead to:
- Identity theft
- Financial fraud
- Extortion
- Damage to professional reputation
- Loss of employment
- Complication of ongoing legal negotiation
Proving this demands that the person making the request prove a reasonable probability of harm.
Medical Information Protection
If a divorce case involves sensitive medical information, including mental health details, a person may request a redaction. The court can seal these record portions to protect privacy and further repercussions.
Mutual Agreement
Both parties can occasionally request the sealing of specific parts of the divorce record together to increase the likelihood of success. However, it is important to note there must still be a valid reason for sealing or redacting information.
High-Profile Individuals
The definition of a high-profile individual is not cut-and-dry, so in such a case, you may need to prove “notability.” Regardless, such a person can protect their personal and professional reputation by requesting greater confidentiality in their divorce records.
How to Ensure Divorce Filing Privacy
To protect a section of your divorce filing, you will need to obtain a divorce record protective order or confidentiality order. When working with a lawyer to do this, they usually start by discussing the issue to evaluate your need for confidentiality.
If you have evidence to help support the request, ensure you collect it for the lawyer to present to the course. These might include:
- Affidavits
- Personal statements
- Expert opinions
- Evidence of actual harm from public disclosure
- Evidence of potential harm from public disclosure
- Mental health records
The exact nature of which of these suits you may depend on the specifics of your case.
The lawyer will then start drafting a motion for the protective order, outlining the specific information they want to protect. An attorney is unlikely to be able to protect everything but can often secure any information you can prove may harm you if revealed.
They will then file this motion with the court and the opposing party. As mentioned before, if the opposition files the same, you are much more likely to succeed, so your attorney may also discuss the issue with them.
Next, you will need to attend a hearing to discuss the motion, and the judge will rule on it. It is then down to you to ensure compliance with the order on your part and to watch for privacy breaches from others.
Secure Your Privacy with New Direction Family Law
After understanding how divorce filings are often public record, you might want to take steps to secure the privacy of your personal information. Fortunately, family law attorneys can offer specialized guidance and advocacy with sealing and protecting your records.
At New Direction Family Law, our experienced attorneys will assist you in protecting you and your information after divorce. Schedule a consultation with us today to discuss your options, legal protections, and how we’ll help you reach your desired outcome.