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California Divorce Records

How to Find Divorce Records In California

State-Level Resources

The California Department of Public Health (CDPH) keeps track of divorce filings for the state, but only for splits that happened between 1962 and June 1984. These documents aren’t the actual divorce decrees but rather summaries containing essential details about the split. To get a divorce certificate from the CDPH, head to their Vital Records page and follow the steps to submit an application.

The California State Archives, overseen by the Secretary of State’s office, preserves older divorce records from before 1962. These records may be valuable for genealogists or those investigating older divorces. The California State Archives provides information on how to retrieve these historical files, which might require visiting in person or submitting a written request.

County-Level Resources

In California, divorce filings are mostly held at the county level by the Superior Court where the divorce was filed. Each county has its own process for requesting and obtaining these records. Below are resources from some of the most populous counties:

Los Angeles County

The Los Angeles Superior Court offers access to divorce case details through their Case Access system. For older case records, contact the County Record Center (Archives) at (213) 830-0803.

San Diego County

San Diego Superior Court has an online case search for finding divorce records. For certified copies, you’ll need to visit the courthouse or submit a request via mail.

Orange County

The Orange County Superior Court offers guidance on how to obtain divorce case records, including online searches and in-person requests.

Riverside County

Riverside County Superior Court provides an online case information system for locating divorce records.

San Bernardino County

The San Bernardino Superior Court has resources on how to access divorce case files and records.

Online Search Methods

Many California Superior Courts now offer online search tools, allowing the public to locate basic information about divorce cases. These systems usually provide case numbers, filing dates, party names, and a list of documents submitted. Yet, full access to the actual files is often not available online.

Third-party databases also exist, compiling public records such as divorce filings. Though they may be convenient, it’s vital to verify information gathered from these sources with official court records.

In-Person Search Methods

Visiting the county courthouse where the divorce was filed remains a thorough approach to getting divorce case records. Most courthouses have public access computers where you can search cases and view non-confidential documents.

When visiting the courthouse, bring identifying details about the case, such as the names of the people involved and the approximate divorce date. Be ready to pay fees for document copies, especially if you require certified versions.

Requesting Records by Mail

For those unable to visit a courthouse in person, most California Superior Courts accept mail requests for divorce records. To submit a request by mail, typically, you’ll need to provide:

Names of both parties involved in the divorce
The year or approximate date of the divorce
The case number (if available)
Your connection to the parties (if requesting confidential files)
A self-addressed stamped envelope for returning the documents

Include fees for copies and certification with your request. Contact the specific court for the latest fee details and payment options.

Types of Divorce Records Available

California courts hold various types of divorce documents:

Divorce Certificates: Basic records noting the fact of divorce, available from the CDPH for divorces between 1962 and June 1984.
Divorce Decrees: The final legal ruling that dissolves a marriage and details the terms of the split.
Court Case Files: The complete collection of documents submitted during the divorce proceedings.

Access to these files is regulated by California Code of Civil Procedure Section 1218.5 and Family Code Section 2104, which outline rules for confidentiality and the release of family law records.

How to Obtain Certified Copies

Certified copies of divorce records are often necessary for legal matters, like remarriage or changing your name. To get a certified copy:

Reach out to the Superior Court where the divorce was finalized.
Fill out the court’s form for requesting certified copies.
Provide identification and, if required, proof of your relationship to the people involved.
Pay the applicable fees, which differ by county.

Under California Family Code Section 2335, certain private information may be withheld from publicly available divorce files to protect privacy.

What Are California Divorce Records?

California divorce records are formal papers that provide legal proof of the ending of a marriage within the state. These records act as important documentation for various legal and personal needs, offering a detailed summary of the divorce proceedings and their outcomes. The California Department of Public Health keeps these records as part of the state’s vital records system, ensuring their safekeeping and availability under state laws.

Divorce records in California usually consist of multiple parts, each playing a role in recording the legal steps of dissolving a marriage. These parts may include the initial divorce filing, financial statements, custody arrangements, and the final ruling or decree. Together, these documents provide a full account of the legal process and choices made during the divorce, reflecting the complexity of ending a marriage under the law.

Types of California Divorce Records

Divorce Certificates

Divorce certificates are brief documents that offer basic details about a divorce, like the names of the people involved, the date of the divorce, and the county where it was finalized. These certificates are mostly used for administrative reasons and don’t include specific information about the divorce process or agreements.

Divorce Decrees

A divorce decree, sometimes called a judgment of dissolution, is the official court decision that legally ends a marriage. This document outlines the specific terms and conditions of the divorce as ruled by the court or agreed upon by the parties. Divorce decrees are essential for legal matters since they explain the rights and duties of both parties after the divorce.

Court Case Files

Court case files represent the most thorough form of divorce records. These files contain all the documents submitted to the court during the divorce process, including motions, financial reports, and any other legal documents. While these files provide the most complete record of a divorce, access to certain parts may be restricted due to privacy laws.

Information Contained in California Divorce Records

California divorce records usually include a wide range of details about the individuals involved and the divorce proceedings. This may include:

Personal information of the parties (names, addresses, birth dates)
Date and place of marriage
Reasons for divorce
Date of separation
Details of asset division and financial agreements
Child custody and support details
Spousal support (alimony) agreements
Any restraining or protective orders

The amount of information available in public records can vary since certain private details may be redacted or sealed to protect privacy, as described in California Family Code Section 2024.6.

Legal Framework Governing Divorce Records

The control and availability of divorce records in California are managed by a legal structure that balances public access with personal privacy rights. The California Public Records Act establishes the rule of public access to government records, including divorce records. But, this access is limited by several exceptions, especially in family law matters.

The California Family Code includes provisions that directly address divorce records management. For example, Section 2104 requires the sharing of initial financial reports between divorcing parties, while Section 2105 demands the sharing of final financial reports before the final decision is made.

The California Rules of Court also offer detailed rules on court processes, such as the filing and handling of divorce records. These rules guarantee consistency across the state’s superior courts in managing divorce cases and related records.

Confidentiality and Privacy Considerations

Although divorce records are generally public in California, there are key limits and exceptions to protect privacy. The court may decide to seal or edit certain records if revealing them would cause harm or breach privacy rights. This is especially important in cases involving domestic violence, child abuse, or sensitive financial matters.

California Family Code Section 2040 creates automatic temporary restraining orders that stop the parties from selling or moving property during the divorce process. This rule helps protect the marital estate and ensures a fair division of assets.

In cases of domestic violence, Family Code Section 6222 allows for private filing of certain records to keep the victim safe. This rule shows the state’s effort to balance public access with personal safety and privacy concerns.

Importance and Uses of Divorce Records

Divorce records serve many purposes beyond their immediate legal role. They are necessary for:

Proving marital status for legal reasons
Allowing remarriage
Resolving disputes about assets or custody
Genealogical research
Studying demographic patterns and social changes

Researchers and policymakers often use summarized divorce data to study social patterns and make public policy decisions. The California Department of Public Health releases yearly reports on marriage and divorce numbers, providing important insights into population shifts and family dynamics in the state.

Procedures Related to Divorce Records

The filing and upkeep of divorce records in California follow strict rules to ensure their accuracy. When a divorce request is filed, it becomes part of the public record, beginning the creation of the divorce file. Throughout the process, more documents are added, including replies, financial reports, and court orders.

California courts are increasingly using electronic systems for filing, making it easier to submit and store divorce records. But the move to digital records differs by county, and some areas still use paper records for older cases.

Amendments or corrections to divorce records usually need a court order. This rule maintains the integrity of the records and stops unauthorized changes. Those looking to amend divorce records must submit a motion with proof of why the change is necessary.

California Divorce Statistics

Looking at divorce trends in California gives context to the significance and amount of divorce records. According to data from the California Department of Public Health, the divorce rate in the state has changed over the years but has generally decreased in recent times.

Factors influencing divorce rates include:

Economic shifts
Evolving views on marriage and divorce
Changes in population demographics
Legal updates affecting marriage and divorce

FAQ

How long does it take to get divorce case files in California? Processing times depend on the county and the method of request. In-person requests may be handled the same day, while mail requests might take weeks.
Can I access divorce files for free in California? While you can view case records for free at courthouse terminals, getting copies usually involves fees.
What do I need to request divorce records? You’ll need the names of the parties, approximate divorce date, and ideally, the case number.
Are all divorce records public in California? Most are, but some may be sealed by court order or contain private information shielded by law.
How far back do divorce case files go in California? Record availability varies by county, with some going back to the early 1900s or earlier.
Can I request divorce records for someone else? Yes, but access to confidential details may be restricted to the parties or their legal representatives.
What’s the difference between a divorce certificate and a divorce decree? A certificate is a simple record of the divorce, while a decree contains the full legal judgment and terms.
How much does it cost to access divorce records in California? Costs vary by county and the type of record requested, ranging from a few dollars for basic copies to $15 or more for certified copies.
Can I access California divorce records online? Basic case details are often available online, but full case records usually need to be requested in person or by mail.
What if I can’t locate the divorce case records I’m searching for? Contact the county clerk’s office for assistance, as older records may be archived or require special retrieval processes.