Are Divorce Records Public? Massachusetts Family Law Attorney Explains

We get a lot of people asking exactly how much information their sister-in-law, ex's uncle, best friend, or brother's dog might be able to find out about their divorce. While we'd love to see Sparky stroll into court for the records, there are some things that you can't just make the court conjure up unless you're a relevant party. Alright, that's enough personality for one post, let's get down to the details...

Are Massachusetts Divorce Records Public?

Let's start by clarifying what "public records" means in the context of divorce. In Massachusetts, divorce records are indeed considered public, but what does that really entail?

In short, yes, divorce records are considered public in Massachusetts.

When we say divorce records are public, it means that anyone with some basic information, like the court where the divorce proceedings are taking place, can go online and access a list of events and actions that have occurred in your case. It might feel as if your personal life is on display for anyone curious enough to look, and in ways, that information is out there- but we'll get to why it probably won't come back to bite you in a bit...

Chances are, there are already a bunch of public records with your information in existence. In Massachusetts, the Registry of Vital Records (RVRS) maintains documents and information on births, deaths, marriages, and divorces that occur in the state. You can order copies of any of these vital record certificates for anyone on the official MA website.

How Do I Retrieve Massachusetts Divorce Records?

Depending on where the divorce occurred, you may need to go into the court and request the records directly from the court. You'll want to have the docket number and probate court name on hand when requesting records. If you don't know the docket number, you can search the party's first and last name on the Massachusetts Electronic Trial Court Electronic Case Access Portal along with the county that the case would have taken place in to find more information. You can also fill out an Application of Divorce Inquiry for free and send it in to the RVRS with a self-address and stamped envelope to request the details you will need for a record request although the online locator is probably going to easier and quicker for most people to access.

However, there's a catch: While anyone can see a list of events, getting their hands on the actual documents online typically requires legal credentials, or more precisely, an attorney's access. If someone is particularly motivated, they could physically visit the courthouse and request to peruse your case file.

Now, before your imagination runs wild with visions of a nosy crowd poring over your private matters, it's essential to understand that not everything in your case file is up for grabs. Certain parts of your file are confidential, even though the file itself is considered public. These confidential documents are often referred to as "impounded" documents, and they won't be released to just anyone. Only you, your ex-spouse, or an attorney of record can access these sensitive details.

The Courthouse Audience

Here's another interesting aspect of Massachusetts family law: family court is essentially a public forum. What this means is that anybody can stroll into the courthouse, take a seat in the courtroom, and listen in on what's happening in various cases, including yours. So, don't be surprised if you walk into a Massachusetts courtroom and find an impromptu audience tuning in to the legal drama unfolding.

Now, of course, you might wonder if there are exceptions to this rule, and the answer is yes. There are situations where the judge might decide to close the courtroom doors. Typically, this happens when sensitive issues concerning children are being discussed, or if the Department of Children and Families (DCF) is involved. But generally speaking, family court sessions are open for all to observe.

The Importance of Being Mindful

Now that we've established that divorce records are indeed public in Massachusetts, it's crucial to understand the significance of being mindful about what you share during the proceedings. We've seen clients overshare immensely which then causes them more stress later on. Here's the bottom line: if you don't want specific information out there for public consumption, do not include it in your court records unless specifically requested. You'll want an experienced family law attorney who can help you navigate court documents. In general, you'll want to answer what is asked and consult with any attorney on the details of your specific case.

This includes any sensitive or personal information that you'd rather keep confidential. Remember, even though some documents are impounded and not easily accessible, it's best not to rely solely on this safeguard. Instead, exercise caution in what you disclose in court, especially if it's something you'd rather not have available for public scrutiny.

Navigating the Maze of Massachusetts Family Law

The public nature of divorce records in Massachusetts can seem intimidating at first but understanding the protections surrounding them and the processes that are in place will help you know what's out there regarding your divorce. It's one of the many nuances of family law that can catch you off guard if you're not aware of the rules and regulations. Whether you're currently going through a divorce, contemplating one, or simply seeking information, knowing your rights and responsibilities in the process is crucial.

At O'Connor Family Law, we're dedicated to making the complex world of family law a little less intimidating and a lot more approachable. Our mission is to ensure that you have the knowledge and support you need to navigate the intricacies of divorce and custody matters in Massachusetts confidently.

So, if you found this information helpful and want to stay informed about Massachusetts family law or if you need personalized legal assistance, don't hesitate to reach out to our team of experienced family law attorneys here at O'Connor Family Law. Remember, knowledge is power, and when it comes to family law, we've got your back!