Marriage and divorce records are official documents that legally certify and validate a person’s marital status. These records provide information about the date, location, and legal recognition of a person’s marriage or divorce.
Marriage records document the legal union of two people. These documents typically include information such as the date and location of the marriage, the names of the couple, and often, their ages or birth dates, and sometimes their parents’ names. Marriage records are created at the time of the marriage and are typically maintained by county courts or state Vital Records offices.
Divorce Records
Divorce records are legal documents that officially terminate a marriage. They are issued by a court upon the finalization of a divorce and are typically maintained by county courts where the divorce was granted. Divorce records usually include information such as the names of the divorced couple, the date of the marriage, the date of the divorce, and the county where the divorce was finalized.
Is a Divorce Record the Same as a Divorce Decree?
A divorce record and a divorce decree are related but not identical. A divorce record is an official summary of the facts related to the divorce, as mentioned above. In contrast, a divorce decree is the final legal document that signifies the official termination of the marriage issued by the court. The divorce decree includes the judge’s rulings on issues like division of property, alimony (spousal support), child custody, visitation rights, and child support.
Do Marriage and Divorce Records Cover Property Divisions, Custody Orders, or Births?
Marriage records typically do not contain details about property divisions, custody orders, or births. They are primarily records of the event of marriage itself.
Divorce records, on the other hand, are summary records and typically do not include all the details of a divorce decree. The divorce decree, however, often includes detailed information about property divisions, custody orders, and other specifics resulting from the divorce proceeding. One would usually refer to birth certificates, which are separate vital records for information about births.
If you need specific information regarding property divisions, custody arrangements, and other aspects of a divorce, it’s usually best to obtain a copy of the divorce decree from the courthouse where the divorce was finalized.
Where Can I Get Marriage or Divorce Records?
Marriage records can typically be obtained from the office of the county clerk in the county where the marriage license was issued. You can also contact the vital records or public records office of the state where the marriage took place.
There are also several online databases and services where you can search for marriage records, such as Ancestry.com or FamilySearch.org. Please note that while some online resources may offer free searches, there may be charges for accessing full records or certified copies.
Divorce Records
Divorce records can generally be obtained from the Clerk of Court in the county where the divorce was granted. Similarly, the vital records or public records office of the state where the divorce was finalized can be contacted for these documents.
Beyond official sources, there are also third-party websites that offer access to public records, including divorce records. These sites aggregate public records from various sources, making it easier to search for records across multiple jurisdictions. However, they often charge fees and may not always have the most up-to-date or complete records.
Please note that while divorce records are public documents, certain details may be redacted for privacy reasons, such as information related to minors or sensitive financial information. Also, accessibility may depend on whether the record is considered a public record under state law. Certain states have more stringent privacy laws that limit access to divorce records to the parties involved and their legal representatives.
Finally, it’s important to remember that obtaining a divorce record is not the same as obtaining a certified copy of the divorce decree. The decree is an official court document detailing the court’s final judgment and resolution of all issues in the divorce, such as alimony, child custody, and division of property. You may need to make a separate request for this document if it’s required for legal purposes.
Online Resources
Like marriage records, divorce records can also be searched through online databases and services, though access to full records may require a fee.
Access to these records may be limited based on privacy laws and regulations. Generally, you’ll have more access to records if you are one of the individuals named on the record, their legal representative, or a direct family member.
If you’re having difficulty finding or obtaining the records you need, you may want to consider reaching out to a professional genealogist or a legal professional for assistance. They can often help access records, especially if they’re older or not digitized.
How Do I Access Marriage or Divorce Records?
Accessing marriage or divorce records is a process that often involves submitting a formal request to the relevant county or state office where the event was recorded. The specific process can vary by state and county but typically involves the following steps.
Identify the Correct Location
The first step is to identify where the marriage or divorce was registered. Usually, this is the county or state where the event took place.
Find the Relevant Office
Next, you’ll need to find out which office is responsible for maintaining these records. Typically, this is the office of the county clerk or the vital records office of the state, though it can vary.
Submit a Request
Once you’ve identified the correct office, you will need to submit a request for the record. Many offices allow for requests to be made in person, by mail, or online. You will likely need to provide the names of the individuals involved and the approximate date of the event. Some offices may also require proof of your identity or your relationship to the individuals named on the record.
Pay the Fee
There is usually a fee associated with obtaining a copy of a marriage or divorce record. The amount can vary by state, county, and whether you’re requesting a certified or uncertified copy.
Wait for the Record
After submitting your request and paying the fee, there may be a processing time before you receive the record.
This process is distinct from applying for a marriage license or certificate. When you apply for a license or marriage certificate, you’re requesting permission to get married. A marriage certificate is a document that proves a marriage has taken place. Both of these documents are often part of the marriage record.
When Do I Need a Lawyer?
Legal issues related to marriage or divorce, such as child custody disputes, division of assets, or negotiation of alimony, can often be complex and emotionally charged. In such cases, having a qualified attorney to represent your interests can be invaluable.
An experienced family lawyer can provide you with advice tailored to your unique situation, help you understand the legal implications of decisions you make, guide you through the legal process, and advocate for your rights and best interests in court.
Furthermore, an attorney can also help in accessing and understanding your marriage or divorce records, which can play a crucial role in legal proceedings, such as enforcing a child custody order or a spousal support agreement.
If you find yourself needing a family lawyer, LegalMatch can help. LegalMatch connects you with pre-screened attorneys in your local area. Just tell us about your case, and we’ll match you with lawyers who are experienced in family law and ready to help. This service is fast, easy, and confidential. Take the first step and find the right family lawyer for you through LegalMatch today.
