How to Obtain and Understand County Divorce Records
Typically, detailed divorce records are held at the county level in the locale where the divorce was granted. It is often the case that the state holds copies of the divorce certificate, but charges individual counties with maintaining detailed divorce decrees.
When a couple is granted a divorce, the final records are filed with the appropriate offices and copies given to the petitioner and respondent, as well as their legal representation. Here, you’ll find a discussion of what information county divorce records typically contain and who can access them.
Where Are My Divorce Records Filed?
If you have been divorced and are planning on remarrying or need to verify arrangements included in the final record, you first must contact the local government or courthouse where the dissolution was granted. These final records are often found in the County Clerk’s office. If you live in the area of this county office, a quick visit should lead you in the right direction to find and copy your records. Otherwise, you may need to submit a request in writing.
What Types of Divorce Records Are Filed in the County Offices?
Generally, the county that grants a divorce and finalizes arrangements between the petitioner and respondent will hold the original divorce decree. This decree includes very specific information about the arrangements including property and debt division, child custody and support, alimony support and even visitation rights and names of the children that resulted from the marriage. Divorce certificates, which simply state the names of the parties and date and location their divorce was granted, are usually held at the state level offices.
Who Can Access My Records at the County Level?
Although divorce records are considered public domain, they do contain some very personal identifying information you may not want others to access. Most states have imposed restrictions on who can access this information. Unless you are either the petitioner or respondent named in a specific divorce record, you will usually need to have a court order or be deemed the legal representative of one of the parties to access the divorce decree. Attorneys representing the individuals who were divorced will also typically have full access to these records; many will often keep copies in their own offices for future reference if needed.
If you are researching your parents and named as a child that resulted from the marriage, you may also be granted permission to view the actual decree. It will often be required that you provide two forms of government-issued identification in order to do so, however. These may include a driver’s license, passport, military I.D. or some combination of these.
If you want to access divorce records for someone other than yourself, you will only be allowed to view limited amounts of information. At the county level, personal identifying information, names of minor children and specifics of final arrangements may be obscured from any copies you are given. However, you will often be given enough information to simply confirm or deny the divorce ever took place.
When conducting genealogical research, it may also be helpful to start looking at the state level. This way, if you don’t know the exact county where the divorce took place, you can still verify it via a divorce certificate held on file there. These certificates merely state the names of the parties involved and the date and location their divorce was granted.
Why Would I Need Copies of a Divorce Record?
There are several reasons you may need a copy of a divorce record at some point in time. If the records are for your own divorce, you’ll need these to remarry in the future to prove you’re no longer legally married to another person. Also, if there is ever any kind of dispute that arises between you and your ex regarding child or spousal support, visitation rights and custody, these records will help defend your position at any future court hearings.
Sometimes, outside parties will request copies of a divorce record simply to ensure someone they know or are considering marrying is truly legally divorced. Although they won’t be able to access detailed records, they can still verify whether it ever happened or not. In addition, investigators and detectives will often used divorce records to establish the general character and demeanor of a person of interest in relation to other legal matters.
If you need to access detailed information about a divorce, you’ll usually need to approach the local County Clerk’s office to find the appropriate decree. This is true whether you need copies for your own use, or simply to verify the date and location of someone else’s dissolution. Although only general information is disclosed to outside parties, this can still be of great value when conducting research for genealogical or background purposes.
County-Specific Divorce Records Information:
Harris County Divorce Records
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