Can You Keep a Divorce Private in California? What Becomes Public Record
Featuring
Tim Miranda, CFLS
What to expect
Can you keep a divorce private in California?
In many cases, divorce proceedings involve court filings that may become part of the public record. Even when parties use private judgment, certain documents may still need to be filed with the Superior Court.
Courts can seal records in limited circumstances, and some sensitive information—especially certain records involving children—may be treated as confidential.
This clip explains three reasons why complete privacy in a California divorce can be difficult: public court access, mandatory filings, and the high standard for sealing records.
Transcript
"Three primary reasons why you can't keep your divorce private in California.
Well, it's a public forum, constitutionally protected. That means that people have access to the courts, people have access to the records that are filed in a proceeding unless the court has determined that they can't. So, even if you're going to a private judging scenario, that is technically a public forum.
Mandatory filings. What does that mean? It means that if you're in a divorce or a custody dispute or anything of that nature, there are things that you're required by statute and the California rules of court that you must file. When you file something unless the court says it is private or confidential or sealed, it is not. That means that when you make those filings, anyone can see them if they go look for it. And even if you're in private judging, you have to file those documents in the superior court, guess what? Makes them public.
Sealing. What does sealing mean? That means that the court under very, very limited circumstances can seal a file or seal certain documents. Rarely does it do it because of what I already said. There are constitutional rights. There is a very high standard to have information kept from the public.
Now, some things are never shown to the public. Confidential reports regarding children, things like that. But generally speaking, everything in your divorce is going to be out there in the open for anyone who wants to find it."
