Are Divorce Records Public in Arizona?
The state of Arizona allows public access to divorce records. While the public records for divorce provide transparency for the legal system, it can be an issue for couples who want to maintain their privacy.
Having your personal information available to the public can be embarrassing and unsettling. Sensitive information in the wrong hands can also be dangerous. Divorce records in Arizona can be sealed in some cases, so accessing divorce records may require the assistance of an attorney.
Understanding Arizona’s Laws Regarding Public Access To Divorce Records
Generally, Arizona allows for public access to government records, such as divorce papers. If you need access to such information, you need to file a request with the local court in your county. In most cases, you will have to contact the clerk of the superior court for the county in which the divorce was filed. However, the access may be restricted to comply with court orders. In some cases, only certain sensitive information may be withheld or redacted as per court orders. Information about minor children, financial assets, social security numbers, or other sensitive information may be restricted.
It’s worth noting that divorce records are not automatically sealed. If you are trying to access records that are restricted, that means that another party had requested for these records to be unavailable. While it’s rare for the court to seal an entire divorce case, they may agree to seal certain aspects of the records.
Which Divorce Records Are Considered Public and Which Are Confidential
It’s up to the court to decide on the confidentiality of divorce records. Typically, the divorce decree, which states the court judgment, is a public record. Similarly, which spouse filed the petition for the divorce is also typically included in the public record.
Sensitive or personal information may not be available. For example, cases that involve allegations of abuse, such as domestic violence, may not be available to the public. Any mental health records or sensitive financial information may also be sealed as confidential.
Requirements and Procedures to Access Public Divorce Records
If you are looking to access public divorce records, your first step is to identify the court where you need to file a request. You will most likely need to complete and submit request forms to access confidential records, and you may need to pay fees. Your request will be processed by the clerk’s office. If it’s approved you will gain access to the records.
Factors to Consider When Requesting Access to Divorce Records In Arizona
If you are requesting access to a divorce record in Arizona, you need to have a solid reason. Otherwise, your request is likely going to be denied. You can improve your chances by getting guidance from an experienced attorney. If you need access to divorce records for legal proceedings, investigative purposes, verification purposes, or background checks, you should submit evidence that supports your request. In any case, you should always respect the privacy of the individuals mentioned in your request.
The Importance of Legal Guidance In Handling Divorce Records
If you need to access divorce records in Arizona, allow the Law Office of Cosmas Onyia, Phoenix Divorce lawyer to assist you through the process. We understand the legal system in Arizona and know how to gain access to public records. Contact us to schedule a consultation with one of our family law attorneys.