In California, divorce filings and hearings are generally public, meaning anyone can access many of the documents and details in your case. Choosing Mediation or Collaborative Divorce can keep most personal financial and family information private, with only the basic required filings becoming part of the public record.
California divorce cases are public proceedings. This includes both courtroom hearings and the case file maintained by the court. Any member of the public may attend hearings or visit the clerk’s office to request access to documents filed in a divorce case
What Information is in the Public Record of a Divorce?
Any documents filed by either spouse or their attorneys become part of the public record. These typically will include:
- Initial divorce petition, including date of marriage, date of separation, and the identity of any children
- Forms that list children’s residential history
- Income and expense declarations when financial matters are contested, which disclose employer information, earnings, monthly expenses, and pay stubs
- Filings related to domestic violence restraining orders, including whether an order was granted
In addition, in many counties new divorce case filings are published in local newspapers or online legal notices, meaning family and community members may learn of a divorce simply by reading public announcements.
Online Access to Case Information
Most California counties also provide online case search functions. The level of detail available varies:
- Some counties require a case number to access information
- Other counties allow name searches
- Some counties also impose fees to view case filings
Typically, the public can view the docket or index, showing the timeline of filings and scheduled hearings without disclosing the full text of documents.
How to Limit the Information in the Public Record
There are certain privacy protections particularly for families with children. For example, some counties require using initials instead of full names for minors. Beyond those measures, privacy depends largely on the divorce process you choose.
Mediation and Collaborative Divorce allow you and your spouse to negotiate privately outside the courthouse. As a result, only a minimum number of filings appear in the court record, often just the initial pleadings and the final judgment. The detailed marital settlement agreement which memorializes your agreements can remain confidential in many Northern California counties. Exceptions include the parenting time schedule and child support information which must be set out in the judgment.
Where local rules require financial details or agreements to be filed publicly, you can ask for a court order to seal or restrict access to specific information.
FAQs
Are all divorce cases public in California?
Yes, with rare exceptions for legally justified privacy concerns.
Can anyone view my financial disclosures?
Yes, if those documents are filed with the court in a litigated case.
Do Mediation and Collaborative Divorce keep everything private?
They can significantly reduce public content, although required filings still become part of the record.
Will my child’s personal information appear in the record?
Some information is required, although many counties use initials for minors to protect privacy.
Lisa R. Murray is an experienced family law attorney in the Collaborative Divorce and Mediation Processes. She can help you determine your goals in separation or divorce.
Ms. Murray has been practicing family law since 1989 and is an owner of Chase, Berenstein and Murray Counselors at Law in Burlingame, CA. She has been recognized by Super Lawyers, (https://superlawyers.com) an elite group of 5% of lawyers for the past 20 consecutive years.
She can be reached at 650-642-3897 or visit https://www.chaseberensteinandmurray.com