Divorce is a personal and often emotionally charged process, and many individuals are understandably concerned about their privacy during this difficult time. One common question that arises is whether divorce is a public record or not in Illinois. In this article, we’ll ask “is divorce a public record in Illinois?” and shed light on the level of confidentiality surrounding divorce proceedings.
If you want to learn more about divorce and family law check out “Family Law vs Divorce in Illinois.”
Understanding Public Records
Before delving into the specifics of divorce records, it’s essential to understand what public records are. Public records are documents and information maintained by government agencies that are accessible to the general public. These records serve various purposes, including transparency, accountability, and providing citizens with access to information deemed essential.
In Illinois, divorce records are generally considered public records. This means that, in most cases, they are accessible to the public. The Illinois Department of Public Health is responsible for maintaining and providing access to certain divorce records.
Access to Divorce Records
While divorce records are public in Illinois, they are not always readily accessible to anyone who requests them. Access to divorce records is subject to certain restrictions and procedures to protect the privacy of the individuals involved.
- Limited Information: When divorce records are made available to the public, they typically contain limited information. These records may include the names of the divorcing parties, the date of the divorce, and the county where it was filed. However, sensitive information such as financial details, child custody arrangements, personal information like addresses and phone numbers, and reasons for the divorce are generally not included in public divorce records.
- Requesting Divorce Records: To obtain divorce records in Illinois, individuals must make a formal request to the Illinois Department of Public Health. They can do this by visiting the department’s website, filling out a request form, and paying any applicable fees. The department will then provide the requested records, typically in the form of a divorce certificate. Because these records are public, anyone can request access to divorce records and they do not need a reason to do so.
- Confidential Records: In some cases, divorce records may be confidential, and access may be restricted. For instance, if a court has sealed a divorce case for privacy or safety reasons, it may not be accessible to the public. Sealed divorce records are an exception and are not part of the general public record. Divorce records can be sealed if a party requests them to be. Records can be sealed if there are protective orders involved, other reasons to worry about the safety of the involved parties, or to protect the privacy of yourself and any minor children involved.
- Use of Divorce Records: While divorce records are public, their use is generally limited to specific purposes, such as legal proceedings, genealogy research, and background checks. Unauthorized use or dissemination of confidential information obtained from divorce records can result in legal consequences. The public does, however, have access to certain information such as the existence of the divorce decree.
Protecting Your Privacy
If you are concerned about your privacy during divorce proceedings, it’s essential to work closely with a knowledgeable attorney, like those at KGN Law Firm, who can advise you on the best ways to protect sensitive information. This may include seeking court orders to seal certain records or limit access to specific details which typically must be done from the beginning of your case.
It is also important to remember that divorce through mediation will also become public record once the agreement is shown to the court. It will still be necessary to file motions to seal documents in the record. To learn more about filing motions check out your local county courthouse’s website and our article titled “How To File A Motion In Family Court.”
Conclusion: Is Divorce a Public Record in Illinois?
In conclusion, divorce records in Illinois are generally considered public records, but access to these records is subject to certain restrictions and procedures to safeguard the privacy of the individuals involved. While some information is accessible to the public, sensitive details are typically excluded from public divorce records. If you have concerns about the confidentiality of your divorce records, consult with an experienced family law attorney who can provide guidance on how to protect your privacy during the divorce process.
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The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (Is Divorce a Public Record in Illinois?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information to answer the question Is Divorce a Public Record in Illinois?
Published by Dustin Koth on August 19, 2024
