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Are Fresno County Divorce Records Public?
In Fresno County, CA, divorce records are public and accessible to interested individuals under the Public Records Act and the Judicial Branch of California Rules of Court. However, certain restrictions and conditions apply.
While divorce records are generally accessible, some documents may contain sensitive details or private information, necessitating redaction or the complete sealing of the entire record by court order or operation of law. These measures aim to protect individual privacy, where disclosure could cause irreparable harm.
Consequently, accessibility laws have been structured to balance the interests of private individuals with those of the public. Understanding these regulations is crucial for navigating potential hurdles to inspection.
Who Can Access Fresno County Public Records?
The Public Records Act (7921.305) prescribes a non-discrimination policy ensuring equal access of all to public records. Consequently, while most public records can be accessed by just about anybody, statutory exemptions limit the full inspection of certain records to specific individuals.
For instance, the amount of information accessible in sensitive cases such as divorce typically depends on the individual’s relationship to the case. For members of the public, there are limits; sensitive details such as driver's license numbers, dates of birth, social security numbers, addresses, e-mail addresses, phone numbers of parties, medical or psychiatric information; financial information; account numbers, other personal identifying information and confidential information about the spouses are typically redacted from the divorce records provided for inspection.
However, even when the public is not allowed to access an entire case record, certain individuals are provided full access. These include:
- Parties to the case
- A person authorized by a party
- A party’s attorney
- Court-appointed people
- Legal aid staff
- Government staff.
Individuals who wish to learn more about this subject or verify their eligibility to access divorce records can do so through the state Judicial Branch website.
Do I Need to State My Purpose and Use When Requesting Divorce Records in Fresno County?
Stating the purpose of the request is not a condition for obtaining divorce records in Fresno County. As a result, you do not need to state your purpose when requesting a record.
That said, there are various reasons why individuals may seek divorce records. These include the need for a change of name, provision of proof of eligibility to remarry, genealogical research, and personal interest. In addition, government and private agencies may require divorce records for statistical analysis and data.
How do you Request Divorce Records in Fresno County?
In-person and electronic access to divorce documents is typically provided at the courthouse where the divorce was filed. If you need to access or request divorce records, visit the Fresno County Superior Courthouse using this address:
B.F. Sisk Courthouse
1130 O Street
Fresno, CA 93721
Phone: (559) 457-2000
The computers in the courthouse lobby can be used to search for court records. Requesters should be prepared to provide details that sufficiently identify the record and personal identifying information or documents. It is advisable to contact the office before visiting to know what documents to bring.
Certified copies of divorce records (from 1962 through June 1984) are also available for request at the state’s Department of Health (CDPH). However, these records consist of only the face sheet of the divorce action and not the actual divorce decree. CDPH-VR can only provide the Certificate of Record, which includes the names of the divorcees, the filing date, county, and case number of the divorce.
Requesters seeking records within the stated period are required to follow this process:
- Complete the Application for Certificate of Record for a Divorce VS 113-B form
- Mail the completed form along with a $16 check or money order in US dollars made payable to CDPH - Vital Records to:
California Department of Health
Vital Records - MS 5103
P.O. Box 997410
Sacramento CA, 95899-7410
(916) 445-2684
Once a request is received and processed, CDPH-VR will dispatch the requested records via First Class Mail through the United States Postal Service (USPS). The department is not responsible for any lost, misdirected, or undelivered mail by USPS or any other delivery service.
Note that records after June 1984 or actual divorce decrees can only be requested at the Fresno County Superior Court where the case was filed.
Divorce records can also be accessed remotely through the Fresno Superior Court's online Case Management and Information System. To request a record, log into the system and provide information such as the names of the divorcing parties, case number, the divorce date, and personal identifying information, which includes their full name and valid ID.
What Information is Included in a Fresno County Divorce Record?
Fresno County divorce records records typically include the following information:
- Names of the spouses.
- Case number, filing date, and court details.
- The final judgment and decree of divorce.
- Date of marriage, place of marriage, and any prenuptial agreements.
- The legal reason for the divorce.
- Details on how assets and debts were divided.
- Information on custody arrangements and child support orders.
- Details on alimony or spousal support, if applicable.
However, there are exemptions: certain sensitive information such as driver's license numbers, dates of birth, social security numbers, addresses, e-mail addresses, phone numbers of parties and court personnel, medical or psychiatric information; financial information; account numbers; and other personal identifying information may be redacted to prevent unwarranted privacy invasion. In such instances, the information will not be publicly available for viewing. Only the registrants and their legal representatives will be provided access to these details.
Fees for Accessing Fresno County Divorce Records
The applicable fee for obtaining divorce records varies depending on the type of record and the number of copies requested. However, these state fees provide insight into what cost is like at the county level:
- Preparing a copy of any record, proceeding, or paper on file (per page) - $ 0.50.
- Certifying a copy of paper, record, or proceeding on file - $ 40
- Comparison of a copy with an original on file - $ 1
- Searching records or files for each search longer than 10 minutes - $ 15
- Providing an example of a record or other paper on file - $ 50
- Document authenticated by court order (per signature) - $ 15
- Certified copy of marriage or domestic partnership dissolution record (requested by public agency) - $ 10
- Certified copy of marriage or domestic partnership dissolution
- record (requested by any other applicant) - $ 15
Court staff at the counter will accept payment for divorce records by cash, personal check, cashier's check, certified check, money order, and credit card.
How Long Does It Take to Obtain Divorce Records in Fresno County?
The average processing time for divorce records at the CDPH is 4 to 6 weeks, provided that the agency is not burdened by overwhelming requests for the same record. Records may be obtained even faster at the Superior Courthouse where the divorce was filed.
Can I Request Divorce Records Online in Fresno County?
In addition to courthouse visitation, divorce records can also be accessed online through the Fresno Superior Court's online Case Management and Information System. However, as previously mentioned, the volume of information accessible depends on the requester’s relationship to the case, especially for remote access. Consequently, not all records are available to the public from locations outside the courthouse.
The following online resources may also come in handy when requesting records in Fresno County, CA:
- Fresno County
- Fresno County Superior Court
- Fresno County Clerk-Recorder
- California Department of Public Health
- California Superior Courts Directory
In addition, divorce records may also be accessible through third-party websites such as Californiacourtrecords.us may serve as a useful alternative for accessing county divorce records. Due to their user-friendly interface and the convenience they provide, record seekers sometimes make them their go-to source for court records. However, these sites are not government-affiliated and typically have no connection with any government agency.
Are There Any Exceptions to Accessing Fresno County Divorce Records?
In Fresno County, one major limitation to the accessibility of divorce records is that some records may be subject to full or partial disclosure by operation of law. This is because divorce records often contain private information about spouses and their children, which could cause irreparable harm if it gets into the wrong hands. In addition, a party involved in the divorce proceeding can petition the court for a redaction (removal of sensitive information) or complete sealing of certain documents related to their divorce. In such instances, those specific divorce records will not be available for public inspection.
That said, an individual may still be able to access sealed court records if they have obtained a court order directing the custodian to allow inspection.
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