If you are going through a divorce, you may wonder if your divorce records will be available to the general population. Unless there is an essential reason for them to be held in secret, all court records are public, including Massachusetts divorce records. If you believe that your records should be private, it’s in your best interest to contact our determined Bristol County Divorce Issues Lawyers, who can help you navigate your legal options.
Are Massachusetts Divorce Records Public?
In Massachusetts, divorce falls under the umbrella of family law. Family court records are generally available to the public. It’s important to note that the Massachusetts Freedom Information Act (FOIA) ensures the public’s right to access records from any government agency if requested unless the information would place someone in danger or violate someone’s privacy. The general population can access divorce records in person at their local county clerk’s office where the divorce occurred or online.
It’s important to note that the Commonwealth of Massachusetts recognizes three divorce documents: divorce certificates, divorce decrees, and divorce records. A divorce certificate is the most accessible legal document, but it contains the most minor details about the divorce. These documents contain information on the divorce agreement, such as who filed the divorce, where the divorce was finalized, etc. Official copies can only be requested by the parties involved in the divorce. However, the certificate can be ordered and viewed by others online.
A divorce decree includes the same information as a divorce certificate but also contains information about the court’s final judgment order that makes the divorce official. This outlines the settlement agreement concerning issues like child custody, visitation schedules, child support, spousal support, property division, and other terms the couple has agreed upon. An official copy of this document is only accessible to the parties involved and their respective legal counsel. Divorce decrees are only accessible to the public if they request a copy from the court clerk in the county that handled the case.
A divorce record is the most detailed document. It includes not only the information in the divorce certificate and decree but also personal information on minors, finances, and criminal information like domestic abuse. It contains all the case information, such as filed evidence, court transcripts, testimonies, motions, judgments, the terms that will apply to the termination of the marriage, and more. Divorce records are much more accessible to the public.
How Can I Keep My Divorce Record Private?
Understandably, if you are getting a divorce or have recently finalized the legal process, you may be worried about who has access to your divorce records. The information shared during divorce proceedings may impact your personal and professional reputation. As such, it’s possible to have your divorce records sealed in Massachusetts under certain circumstances. Generally, the court will only seal divorce records if the case is particularly sensitive or severe. For instance, if the case involves violence, the court may agree to seal your records.
At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to help you file a motion to seal your divorce records. Contact our firm today to discuss your legal matter with a practical and compassionate attorney.