Divorce File

Each case is started by filing a petition with the court. This document is a formal pleading which must conform to the rules of civil procedure. Thereafter, the court determines a schedule for filing subsequent pleadings required, and ultimately, the first date upon which the termination of marriage could be considered. All documents filed with court are placed in a divorce file for each couple and assigned a case number. To locate files, the county, court name, spouses names and case number are included in county record indexes. Also included within files are copies of orders issued by the court.

Contents of divorce files

Special rules apply to divorce files protect children. Most often, the names of children are redacted (removed). The purpose of redacting names of children is to prevent the creation of a public record which may associate the child with allegations which may or may not represent a fair interpretation of facts surrounding each case. Documents relating to adult parties are included. Because of the prevalence of no-fault laws, the reason for termination of a marriage is normally listed as "unsupportable", "irreconcilable", or other similarly vague reference. Allegations of abuse and infidelity are subject to special circumstances and special rules.

Divorce files are public record

Because filing requires a lawsuit, all documents contained within the divorce file necessarily become official public records. When a final decree is approved, a certified copy bearing the court and cause number is generally acceptable proof of the termination of marriage in other lawsuits and for government agencies. Anyone may access public records through the clerks office, and for the payment of a small fee, may receive certified copies.

See Also: File, Uncontested, Free, Attorney Questions