What are California Divorce Records?

California divorce records are documents issued by the state for record-keeping purposes, highlighting when and where the divorce was granted. California has 6.7 divorces per 1,000 women above 15 years of age. Generally, there are two grounds for getting a divorce in California. These include irreconcilable differences and Incurable Insanity. A marriage or domestic partnership in the State of California ends in one of three ways:

• Dissolution (more commonly known as divorce)
• Legal separation
• Nullity (also known as an annulment)

Only divorces and legal separations end all legal bonds between parties. A divorce is finalized when a judge signs a formal judgment stating the date the marriage or domestic partnership ends. This record of the judgment is filed with the office of the Clerk of Court or the court's records management office. As the state's law prescribes, it takes at least six months to finalize a divorce in California from the moment of filing all paperwork.

Family court documents include marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records makes them considerably more difficult to find and obtain than other types of public records. In many cases, these records are unavailable through government sources or third-party public record websites.

Are Divorce Records Public in California?

California divorce records are public records as prescribed under the state's Public Records Act (PRA). After the finalization of a divorce, the court hands over the divorce records to the state. The Act provides the public with the right to inspect or copy available divorce records in the state.

Divorce processes are subject to court proceedings, which are indexed and filed along with other court records. The public may access divorce case information as other court case information.

Note, divorce records sealed by court order may not be accessible to the public. Requestors may obtain copies of a divorce record from the Superior Court in the county where the divorce was filed.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used to filter specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these agencies. Therefore, the record results, availability, or accuracy cannot be guaranteed.

What are the types of Divorce Records available in California?

The State of California provides two types of certified Divorce Records: the Divorce Decree and the Divorce Certificate. Court case files for divorce proceedings represent another type of divorce record available in California.

A divorce record may be an informational copy or an authorized copy. The informational copy is available to all members of the public, while the certified copy is only provided to parties listed on the divorce certificate or the defending attorney. Note that informational copies are limited in use for legal requirements.

A divorce decree is a court document representing the final order signed by a judge terminating a marriage. This copy provides a summary of each party's rights and responsibilities in the divorce. Other information found on a divorce decree includes financial responsibilities, division of assets and debts, child custody, visitation, alimony, and child support.

A divorce decree is an authorized divorce record that the Superior Court provides only to the parties and attorneys involved.

A divorce certificate is a different record from a divorce decree. It is a vital record prepared and provided by the Vital Records Office of the California Department of Public Health (CDPH-VR). It is not as long as a divorce decree and consists only of the face sheet of the divorce action. Information on a divorce certificate includes the parties' names to the divorce, the county where the divorce was filed, the filing date, and the court case number.

As an informational copy, a divorce certificate obtainable in California is not a certified copy of the actual divorce decree. Therefore, it may not be established that the local court finalized the divorce.

How Do I Get Divorce Records in California?

The process of obtaining a copy of a divorce decree in California varies from county to county. Most Superior Courts require submission of a written request, including the names of each party, the year of the divorce, and the court case number. A party to a divorce may access an actual copy of the divorce decree in any of the following ways:

• By mail-in request to the Office of the Clerk of the Superior Court or the court's records management office
• In-person request at the courthouse where the divorce was completed
• View electronic copies of available divorce records from the public access terminal at the courthouse where the divorce was finalized.
• Online request for Superior Courts that afford such service on their websites

Generally, these copies are provided at 50 cents per page and certified at $15. Other fees may apply depending on the manner of request regarding a search, certification, exemplification, and authentication. The means of payment vary from county to county and generally depend on the request process. A self-addressed stamped envelope and a request form may be required to complete a mail-in request.

To determine the location and contact information of any Superior Court in the state, use the 'Find Your Court' directory available on the California Judiciary website.

The California Department of Public Health's Vital Records department (CDPH) also provides copies of California divorce records. Copies provided by the CDPH are not the actual copy of the divorce decree but a Certificate of Record. This certificate contains the following information:

• The names of the parties
• Filing date
• County
• The case number of the divorce

CDPH provides copies of the records maintained to anyone via mail for $14 each. To request a copy, download and complete the application form (Spanish copy). Attach a check or money order for the fee to the completed form and return it to:

California Department of Public Health
Vital Records-MS 5103
P.O. Box 997410
Sacramento, CA 95899–7410

Where the request is made using a courier service that demands a physical address for delivery, forward the mail to:

California Department of Public Health
Vital Record-MS 5103
1501 Capitol Avenue
Sacramento, CA 95814

Note that the CDPH only has divorce records available from 1962 through June 1984. For further information, contact the CDPH Customer Service Monday through Friday, 8:00 a.m. to 4:00 p.m. at (916) 445–2684 or by email to CHSIVitalRecords@cdph.ca.gov.

While divorce and marriage records may be searched through government sources and organizations, the availability of these documents cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these entities are not government-sponsored; therefore, record availability may vary further. Also note that marriage and divorce records are considered extremely private due to the information the records contain, and are often sealed. Hence, bearing in mind that these factors determine the availability of any marriage or divorce record.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored, and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain, and are often sealed. Considering these factors, record availability for these types of records cannot be guaranteed.

Who Can Obtain Divorce Records in California?

Informational copies of California divorce records are open to anyone; that is, such copies may be requested or viewed by any member of the public. However, authorized copies (Divorce Decrees) maintained by the Superior Court are provided to only:

• The parties to the divorce case
• The defense attorneys in the case

Are California Divorce Records available online?

California divorce records are not maintained centrally but by an individual trial court in each county. Hence, they are provided by the Clerk of each Superior Court.

Divorce records may be found on the court case information portal provided by each Superior Court on its local website. Information provided on these portals does not represent the complete divorce records and may not indicate the finalization of the divorce case. These portals are relevant to determining the case number to request the actual divorce papers. Note that for counties whose Superior Courts do not provide a case lookup service on their website, visit the Clerk's office at the courthouse.

Similarly, Superior Courts in more populous counties like Los Angeles provide separate access to the public to request certified electronic copies of divorce decrees online. This is done under the provision of the state's statute, Government Code sections 68150 (a) (f) (g).

How Do I Seal My Divorce Records in California?

A court order is required to seal California's publicly available divorce records. Citizens may appeal to have copies of divorce records held by the California Department of Public Health, Vital Records office (CDPH-VR) sealed from public access.

Securing an order to seal divorce records in California is usually tricky. The judge may not grant a sealing order solely on the agreement of both parties. A party seeking to seal a divorce record is required to apply with relevant reasons to justify the request. Confidential or private information that should not be divulged, such as financial details, is one of the tenable reasons for a successful application to seal a record.

When an application is accepted, the judge sends a written order to the CDPH-VR. Consequently, the CDPH-VR restricts the divorce record from public access. As with most court applications, requestors are advised to retain the services of a solicitor to get a divorce record sealed.