Generally states make divorce records open to the public. This can be seen as positive or negative depending on your stance. If privacy is important to you then you likely do not want the intimate details of your divorce available to anyone who may wonder about them. New York state law does not allow a divorce to become public record, except under specific circumstances. For representation during your divorce case work with a skillful Suffolk County, Long Island divorce lawyer.
Will My Divorce Be Available to the Public?
Many states have laws that make all court records available to the public. Luckily for New York families, this is not the case in NY. New York divorce laws state that all records relating to divorce are sealed and made inaccessible to the general public for up to 100 years. The same applies to information related to child custody and support, alimony, and other family matters.
However, certain aspects of the divorce are public knowledge. If you or your spouse are involved in another case, details about your divorce may be necessary as evidence. In this case, some records may be made public. Additionally, the names of both parties involved in the divorce are public record and can be searched by anyone. While your lawyer can request that your name be left off of the public record there is no guarantee that it will be.
Who Can Access My Divorce Record?
Although there is potential for your divorce record to become public knowledge, it is unlikely. The only people who are able to access the information are:
- You
- Your spouse
- Your attorney
- Your spouse’s attorney
- Someone with a court order or warrant
Unless a warrant or court order is issued you, your spouse, and your legal representatives are the only ones who can access the information.
How Can I Keep My Divorce Private?
If you value your privacy you may wish to avoid allowing any information to be made public including your name and other personal details. The best way to do this is to avoid going to court during your divorce. Litigation is what creates the potential for your divorce record to become public. You and your spouse could choose to settle your divorce using mediation, arbitration, collaborative divorce, or some other alternate dispute resolution. The information from these meetings and sessions will never become public knowledge.
Privacy is important for many people, so New York’s laws surrounding the sealing and privacy of divorce records can benefit many. For more information and to acquire representation speak with a resourceful attorney today.
