Is divorce public record in Washington state? In Washington state, the act of filing for divorce and the divorce certificate are considered public record, while the details of the divorce may be kept private.
To discuss how to protect your information, enlist the help of a Seattle divorce lawyer and discuss what options are available to you.
What Portion of a Divorce is Public Record in Washington State
When filing for divorce in Washington state, you must submit a petition to the court to initiate divorce proceedings. This paperwork is considered public record and may show up in a records search. This also means that while Washington is a no-fault state for divorce, any additional details about the reason for divorce that are provided may also be public record.
Additionally, when a judge issues a divorce decree to approve and finalize your divorce, this becomes a matter of public record. This means that the terms you and your partner agreed to are included within the documents for the most part.
Some sensitive information may be withheld from public record, though, to protect minors or other applicable information from your divorce proceedings. It is also a best practice to keep the financial terms of your divorce out of the public court file by memorializing them in a property settlement agreement that is either not filed in the case or filed under seal.
The divorce certificate you receive is also searchable and accessible by you and other parties. Copies of the certificate, your divorce petition, and the divorce decree may be requested through a search of court documents. Your lawyer can prepare you at the outset of your case for what will and will not be publicly accessible.
This ensures you are aware of what is out there, what you can do to protect your privacy, and what you and others can access in the future.
What Information May Remain Private in a Washington Divorce
During a divorce, both spouses are required to provide financial and personally identifiable information. Given the quantity of sensitive information involved in a divorce, this content is kept private and filed under seal.
Identifying information of children and parenting terms may also be redacted from the public record or kept secure. Children are vulnerable, and protective measures are in place to ensure their information or identity is not easily accessible. Birth dates, Social Security numbers, and financial information may be redacted in records, but additional information about the child may need to be formally requested.
You may also have additional options for protecting your information, but you should consult a lawyer before taking any action. A lawyer can help you determine what privacy elections you may be able to make and help you ensure that all forms are properly completed and submitted so that your request is reviewed and has the most favorable chance of approval.
How to Request Access to Your Public Divorce Records
Since divorce documents are public records in Washington, they can be accessed online through Washington’s Odyssey Portal in some counties, and through county-specific filing systems in counties that do not utilize Odyssey.
This is a database of all available court records that can be searched using various key terms. Parties who access the portal can search by case number or first or last name to find the documents that are available for viewing and purchasing.
You can also request certain records through applicable agencies. For ordering a marriage or divorce record, contact the Washington State Department of Health.
Provide the name of one or both parties, the date when it occurred, the county where the divorce was finalized, and pay a $25 fee. Depending on the medium used, divorce certificates can be received within three business days or up to five months.
To request a copy of the divorce decree or a divorce certificate filed before 1968, you must visit the Washington court directory and find the Superior Court Clerk for the county where your divorce was finalized.
You should provide similar information and pay the fees applicable to your county court. Older records may be available through the Washington State Archives.
Schedule a Consultation With Dellino Family Law Today
Dellino Family Law can prepare you for what to expect when it comes to the information involved in your Washington divorce.
We understand that some couples may want to take extra steps to ensure that as much as possible remains private, or may need help accessing records. We are ready to meet with you when you schedule a consultation with our team and provide clarity and counsel for your situation.
