Florida Divorce Records.

What are Florida Divorce Records?

Florida divorce records are legal papers that detail the dissolution of marriages within the state. These documents are preserved by various government bodies, including the Florida Department of Health’s Bureau of Vital Statistics and the Clerk of Circuit Court in the county where the divorce wrapped up. Divorce records fulfill numerous functions, from serving as legal evidence of a marriage’s end to providing helpful data for family history research.

The creation and public access of divorce records in Florida are controlled by several statutes, including Chapter 61 of the Florida Statutes, which discusses the dissolution of marriage, and Chapter 119, Florida’s Public Records Law. These laws lay down the structure for how divorce records are crafted, kept, and viewed by the public.

Types of Florida Divorce Records

Divorce Certificates

A divorce certificate is a brief document that contains basic details about a divorce. It typically lists the names of the individuals involved, the date the divorce was finalized, and the county where it occurred. Divorce certificates are commonly used for official matters, like changing one’s name or providing confirmation of divorce status for remarriage.

Divorce Decrees

A divorce decree, also called a final judgment of dissolution of marriage, is a more detailed document than a certificate. It includes the court’s conclusive decision on all elements of the divorce, including:

• Division of assets and liabilities
• Spousal support arrangements
• Child custody and visitation schedules
• Child support responsibilities

Divorce decrees are legally binding papers that establish the rights and duties of both parties after the marriage has ended.

Complete Divorce Case Files

The most expansive form of divorce records is the complete case file. These files contain all documents associated with the divorce process, including:

• Initial divorce petition
• Replies and counter-petitions
• Financial declarations
• Depositions and witness statements
• Court orders and motions
• Transcripts of hearings

These extensive records provide a full account of the divorce proceedings and are typically held by the Clerk of Circuit Court in the county where the divorce was filed.

Information Contained in Florida Divorce Records

Florida divorce records can encompass a broad range of information, depending on the type of record and the case specifics. Generally, these records might include:

Basic Information

• Full names of both individuals
• Date and location of marriage
• Date of separation
• Date of divorce conclusion
• Reasons for divorce (Florida is a no-fault divorce state, so the most common reason is “irreconcilable differences”)

Financial Details

• Allocation of marital assets and debts
• Alimony or spousal support plans
• Child support determinations and responsibilities

Child-Related Information

• Custody decisions
• Visitation timetables
• Parenting strategies

Legal Proceedings

• Court orders and judgments
• Settlement agreements
• Mediation results

It’s critical to recognize that while much of this data is public record, certain private details might be removed or protected from public view, as stated in Florida Statute §119.071.

Legal Framework for Florida Divorce Records

Florida’s Public Records Law (Sunshine Law)

Florida’s dedication to government transparency is reflected in its Public Records Law, often referred to as the Sunshine Law. This law, found in Chapter 119 of the Florida Statutes, establishes the principle that all government records, including divorce records, are open to public inspection and duplication unless specifically exempted by law.

The Sunshine Law applies to all state, county, and city records, ensuring that Florida residents have broad access to government data. This openness extends to divorce records, making them generally available to the public, with certain exceptions to safeguard privacy and sensitive information.

Exceptions to Public Access

While the Sunshine Law encourages openness, there are key exceptions that limit access to certain parts of divorce records. These exceptions aim to protect individual privacy and delicate information. Some significant exceptions include:

• Social Security numbers, bank details, and other financial data as outlined in Florida Statute §119.071(5)
• Information regarding victims of domestic abuse or other crimes, as explained in Florida Statute §741.465
• Certain details about minor children, including names, addresses, and birth dates

Confidentiality and Privacy Considerations

The Florida judiciary acknowledges the need to balance public access with individual privacy. Consequently, some information in divorce records might be automatically redacted or sealed by the court. Divorce case parties can also request the court to seal specific records or full case files if they can show valid reasons, such as potential harm to children or the exposure of trade secrets.

The Florida Rules of Judicial Administration provide guidance on handling confidential information in court records, including divorce cases. Rule 2.420 specifically addresses procedures for assessing confidentiality in court documents.

Importance and Uses of Divorce Records

Divorce records serve many vital purposes in Florida:

Legal Purposes

• Providing proof of divorce for remarriage
• Enforcing divorce decrees and settlement terms
• Amending child custody, support, or alimony arrangements

Personal Reasons

• Gaining closure on a past relationship
• Gathering information for estate planning or inheritance issues
• Confirming marital status for personal or financial reasons

Genealogical Research

• Tracing family histories and assembling family trees
• Understanding familial relationships and dynamics over time

Researchers, legal experts, and individuals seeking information about past marriages and divorces frequently consult these records for various reasons.

Procedures Related to Divorce Records in Florida

Filing of Divorce Records

When a divorce case starts in Florida, the petitioner submits a “Petition for Dissolution of Marriage” with the Clerk of the Circuit Court in the relevant county. This document, along with later filings, becomes part of the official divorce record. The Florida Family Law Rules of Procedure control the process of filing and keeping these records.

Updating and Amending Records

After a divorce is settled, there may be times when records need to be revised or updated. This might happen due to:

• Adjustments to child custody or support agreements
• Alterations in alimony payments
• Corrections to mistakes in the original paperwork

Such updates are generally made through court orders and become part of the official divorce file.

Sealing Divorce Records

In certain situations, parties may ask that their divorce records be sealed. This process involves petitioning the court and demonstrating a valid reason why the records shouldn’t be publicly accessible. The court considers factors such as:

• Possible harm to minor children
• Protection of trade secrets or confidential business details
• Threat of physical danger to a party

The decision to seal records lies with the judge and must balance the public’s right to know with an individual’s privacy rights.

Protecting Sensitive Information in Divorce Records

Automatic Redactions

Florida law demands the automatic removal of some sensitive data from public records, including divorce files. This includes:

• Social Security numbers
• Bank account numbers
• Credit card numbers
• Other financial account information

The Florida Rules of Judicial Administration, especially Rule 2.420, offer detailed guidelines on managing confidential data in court files.

Requesting Additional Redactions

Parties to a divorce case can ask for more redactions beyond those automatically applied. This might include:

• Home addresses and phone numbers
• Birth dates
• Names of minor children

Such requests must be presented to the court and are assessed individually.

Motions to Seal Records

In rare cases, parties may file a motion to seal entire sections of their divorce records. This is a more thorough form of protection than redaction and requires convincing the court that sealing is vital to protect pressing interests that outweigh public access.

FAQ

1. How long does it take to receive divorce records in Florida? Processing time for state-level requests usually takes 3-5 business days, plus mailing time. County-level requests may differ.

2. What information do I need to request divorce records? You’ll need the names of both individuals, estimated divorce date, and the county where the split was finalized. A case number is beneficial but not always necessary.

3. Can I access Florida divorce records from another state? Yes, you can request Florida divorce records from another state using the online or mail-in methods provided by the Florida Department of Health.

4. Are there fees involved with obtaining divorce records in Florida? Yes, fees vary based on the type of document and the method of request. Check with the specific county clerk or state vital records office for current fee details.

5. How far back do Florida divorce records go? State records are accessible from June 6, 1927, to the present. Older records may be accessible at the county level.

6. Can I request someone else’s divorce records? In most scenarios, yes. Florida divorce records are typically public unless sealed by court directive.

7. What’s the distinction between a divorce certificate and a divorce decree? A divorce certificate is a short document confirming a divorce took place, while a divorce decree is the full court ruling detailing the terms of the divorce.

8. How frequently are Florida divorce records updated in online databases? Update schedules differ by county and system. State-level records typically get updated within 60 days of the divorce being finalized.

9. What should I do if I can’t locate the divorce record I’m searching for? Recheck the data you have, try searching in neighboring counties, or reach out to the Florida Bureau of Vital Statistics for help.

10. Are Florida divorce records available instantly after a divorce is finalized? There’s usually a delay before records become available. It could take up to 60 days for records to be sent to the state level.