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How To Find & Understand Divorce Records

By Emily Hutton
  • Last Updated: Jun 17, 2023

Whether you’re a genealogist looking to trace your family history, an attorney researching a case, or just a regular Joe working on a personal project, divorce records can be an essential source of information. These documents contain information regarding those involved in the divorce, the reasons for filing, and other details.

This article will explore different methods of finding and interpreting divorce records, including online resources and in-person methods. Regardless of why you need to access specific divorce records, you’ll have a comprehensive understanding of them and how to access them.

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What Are Divorce Records?

Divorce records are legal documents containing information about a marriage’s dissolution. They typically include details such as the parties’ names, the date and location of the divorce, and the reason for the divorce. In addition, they outline any child custody arrangements, the division of property, and court-ordered support payments.

You might need access to divorce records as part of legal proceedings or for writing an obituary. If the former spouse is deceased, our guide can tell you how to find obituaries for specific people.

Types Of Divorce Records

Below are three common types of divorce records:

  • Decree of divorce: This final judgment occurs when the court legally dissolves a marriage. It illustrates the divorce terms, including division of assets, child custody arrangements, and spousal support.
  • Divorce certificate: This document is proof that a divorce legally exists. It includes basic information about the parties involved, such as names, the date and location of the divorce, and that the court granted the divorce.

Divorce decree package: This is a collection of documents relating to the divorce. It may include the decree, certificate, and other related papers.

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How To Find Divorce Records

There are several ways to find divorce records, including online resources and in-person methods. The specific methods available will depend on the state or jurisdiction in which the divorce was filed, as well as the timeframe of the divorce. 

Here are some of the most common ways to find divorce records.

State Government Websites

Some state government websites have specific departments or agencies that handle vital records. Here, you can search and access divorce records by providing basic information, such as the parties’ names or case numbers.

Depending on your state, the website may require a file access fee. After paying this fee, you’ll receive your copy as a download or via mail.

Ancestry Divorce Records

Does Ancestry have divorce records? Yes! As a genealogy website, Ancestry has a lot of resources you may not expect to find. 

Here’s how to find divorce records on Ancestry:

  1. Log into your Ancestry account.
  2. Navigate to the search menu and click on “Card Catalog.”
  3. Select the “Marriage and Divorce” filter and pick your jurisdiction. Refine your search by adding keywords.
  4. You can now view Ancestry.com divorce records! Note that some divorce records on Ancestry will require paid subscriptions to access.

Libraries

Some libraries may have access to printed or digital divorce records, which can be helpful for historical or genealogical research.

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Reading & Understanding Divorce Records

Divorce records can provide a wealth of information about the individuals involved in a divorce and the details of the divorce itself. Here is some vital information you’ll find in a typical divorce record and how to decipher them.

Parties Involved

The parties involved in a divorce aren’t just the names of both spouses. This section of the record might also name other individuals involved, such as attorneys and witnesses.

Reasons For Divorce

You’ll find information about the grounds for the divorce, such as the following:

  • Adultery
  • Irreconcilable differences
  • Financial issues
  • Domestic violence or abuse
  • Substance abuse or addiction

Custody Arrangements

After a divorce, child custody arrangements can vary widely depending on the specific needs and circumstances of the family involved. For instance, some parents may file for sole custody without visitation, whereas former spouses on amicable terms might file for joint custody.

Another option is third-party custody, wherein children live with their grandparents or relatives if their parents are deemed unfit.

Division Of Assets

Most assets are divided into two categories:

  • Marital property: These joint assets might include houses, vehicles, investments, retirement accounts, and other things acquired during the marriage.
  • Separate property: These assets aren’t subject to division, though some cases may have exceptions.
arrangement

Tips For Accessing Divorce Records

Looking for a divorce record isn’t as simple as making a Google search. Here are a few tips for making your search easier.

Know The Legal Restrictions

While divorce records are often publicly accessible, certain legal restrictions regarding the information released may exist. For instance, a judge may withhold certain information if legal proceedings are still ongoing. You might also encounter confidentiality restrictions if these records contain sensitive information like child custody arrangements.

Prepare To Pay The Fees

Some divorce records are accessible for free but may come with a small fee for certified copies. In-person requests may also cost a fee for copying and processing the documents. These fees will vary depending on your jurisdiction.

Understand The Timeframe

Some divorce records are only accessible after a given period. For example, divorce records are considered public records in some states and can be accessed by anyone at any time. In other states, however, there may be restrictions on accessing records less than 50 or even 100 years old.

Provide Required Information

When requesting divorce records, you may be asked to provide information like:

  • The names of the individuals involved
  • The date of the divorce
  • The location of the divorce
  • The reasons for requesting the records

Your request may or may not be denied depending on your state and the divorce circumstances. For instance, accessing these documents may be easier if you are an attorney with a legal interest in the case.

The Bottom Line

Like death records and other government documents, divorce records can be valuable in piecing together your family history or for legal purposes. 

While accessing divorce records may vary depending on your state, you’ll typically find them on government websites or third-party databases. Ensure that you provide the appropriate information and are familiar with the fees in your area.

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