Yes, divorce records are generally public in Illinois, but sensitive details, such as financial disclosures and personal information, may be sealed by the court.
Understanding Public Access to Divorce Records
In Illinois, divorce records are considered public records, which means they can be accessed by anyone unless a court orders specific information to be sealed. This transparency ensures accountability in the legal process. However, courts recognize the need to protect sensitive information and may limit access to certain parts of the records.
Legal Context for Divorce Records in Illinois
Under the Illinois Freedom of Information Act (FOIA), most court records, including divorce records, are public. However, the court has discretion to seal portions of these records to protect privacy.
Key Points About Divorce Records:
- What Is Public:
- Basic case information, such as the names of the parties, the case number, and the final judgment.
- What May Be Sealed:
- Financial details, such as income, assets, and debts.
- Sensitive personal information, including Social Security numbers or private agreements.
- Sealing Records:
- Either party can request that certain records be sealed to protect their privacy or that of their children.
Example Scenario:
A high-profile individual may request that detailed financial disclosures in their divorce case be sealed to prevent public scrutiny.
Steps to Access or Seal Divorce Records
- Accessing Divorce Records:
- Visit the circuit clerk’s office in the county where the divorce was filed.
- Submit a request and pay any applicable fees for copies of the records.
- Requesting to Seal Records:
- File a motion with the court explaining why certain information should be sealed.
- Provide evidence showing how public disclosure could cause harm.
- Understand Limitations:
- Even sealed records may be accessible to parties directly involved in the case or their attorneys.
How Attorneys Can Help
An experienced family law attorney can:
- Assist in obtaining copies of divorce records or ensuring compliance with record requests.
- File motions to seal sensitive parts of your divorce records.
- Advocate for your privacy rights in court.
- Advise on the implications of public access to divorce records in your specific case.
Need Help With Divorce Records in Illinois?
Call (630) 366-1760 to consult with a family law attorney. We’ll help you navigate issues related to accessing or sealing divorce records to protect your interests.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
