Not just children, the process of getting a divorce can overwhelm even adults to a great extent. With emotions running high, the need to deal with a complex and slow-paced justice system can wear you down quickly and completely. As a result, most people tend to forget about the one thing all divorces have in common, the paperwork.
Once your divorce is finalized, all the paperwork related to your proceedings will be condensed into a divorce record. It comprises the important details of your case, including divorce settlement, alimony, and custody arrangements, among other things. At this point, like most people, you are less likely to think about what happens to your divorce record.
However, as an experienced divorce lawyer in Brainerd, MN, we make it a point to keep our clients and prospects well-informed. If you aregetting a divorce, here’s what you need to know about divorce records.
1.Are Divorce Records Public in Brainerd, MN?
Not just in Brainerd, MN, in many jurisdictions around the world, most court proceedings arepublic records. So, your divorce record or decree is also a public record. In fact, if you file it, your separation agreement also becomes a public record.
In other words, anyone can access your divorce record if they know where and how to find it. The purpose of making most court proceedings a public record is to allow the tax-paying citizens to scrutinize, examine, and copy them, regardless of the purpose. You usually have to pay a small fee to access the court records.
2.Can You Seal Divorce Records in Brainerd, MN?
As you may already know, in almost all cases, the courts will not seal the divorce records automatically. However, with the help of an experienced divorce lawyer in Brainerd, MN, you can apply and convince the court to seal your records. One or both parties have the right to ask the court to seal the records.
Upon your request, the court may seal only a part or your entire divorce record. The final decision usually rests with the judge. The court will, in most cases, consider if making the record public could be harmful or not. If the answer is yes, the court will seal the record.
3.Why Divorce Records Can Be Sealed in Brainerd, MN?
The court will decide to seal portions or your complete record depending on the circumstances of your case. However, the usual reasons for placing divorce records under seal include the following:
If the circumstances of your divorce require to protect the identity of children from the public, the court will seal this portion of your divorce records
In many cases, the court will also seal sensitive information such as bank account numbers and social security numbers, among other things
If one or both parties own a business, the court may seal any sensitive information related to the business
Usually, judges are reluctant to seal the entire divorce records. It is often a better strategy to ask the court to redact a portion of your divorce decree. However, there is no guarantee that the court will make the decision in your favor. You can, of course, consult an experienced divorce lawyer in Brainerd, MN to help you get the best possible outcome.
4.Where to Find Divorce Records
As mentioned, anyone who knows where to look can find divorce records. In most states, including Minnesota, you can try one of the following options to find the divorce decrees.
A. State’s Vital Records
If you are comfortable with finding court records online, you can start with a general search on your state’s vital records website. However, not all states will record marriages and /or divorces on the vital records site.
The Minnesota Office of Vital Records does not record marriages or divorces. Instead, the website will guide you to search for thecounty district court office that granted the divorce. You will need to know the name of the person and the county court where the divorce was granted. If you know the date, the search will be a lot easier.
You can order the copy of records online or you can visit the county court house, write an application, and collect the copies yourself. Make sure to check the website to see the detailed procedure. For example, some counties may not allow walk-in record access requests. In this case, you may have to send the application well in advance.
Another option is to contact anexperienced divorce lawyer in Brainerd, MN. Lawyers know the court systems well-enough to find the desired divorce records as quickly as possible. Remember, divorce records are important as they can tell you about a person’s actual marital status.
Like most other court records, divorce decrees are also a public record. Anyone can access the information related to your divorce for free or by paying a small fee. However, you can request the court to seal a part or all of your divorce decree. Hopefully, this post will help you understand the significance of divorce records and keeping them sealed.
Talk to a Seasoned Divorce Lawyer in Brainerd, MN
Whether you want to get your divorce records sealed or find the divorce records of someone you know, hiring an experienced divorce lawyer in Brainerd, MN is the right way to do it. Family lawyers with proven track record, like Carlson & Jones, P.A. can provide you with the right legal advice. Call us today on (855) 976-2444 for a free consultation orcontact us online to see how we can help.