If you’re going through a divorce, one of your first questions might be: Are divorce cases confidential in California? It’s a fair concern—divorce often involves deeply personal issues, including finances, parenting, and private relationships. The short answer is: not entirely. While some parts of the process can be kept private, most divorce filings are considered public records in California. Below, we explain what is and isn’t confidential and what you can do to protect your privacy during the process.
Divorce Filings Are Public Records
In California, when a divorce is filed in court, it becomes part of the public record. This means that:
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Anyone can go to the courthouse and request to see the case file.
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Many counties allow access to case dockets online, although full documents may not be viewable without going in person.
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The basic case information—such as the names of the parties, the date of filing, and the type of action (dissolution of marriage)—is typically available to the public.
The California court system is generally based on the principle of open access. This promotes transparency and accountability, but it can also raise privacy concerns for those involved in sensitive disputes.
What Information Can Be Seen in a Divorce Case?
Public divorce files may contain documents that include:
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Financial disclosures and income declarations
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Property and asset division proposals
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Requests for child custody and support
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Allegations of misconduct or abuse, if raised in pleadings
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Court orders and judgments
Unless a document is sealed by the court, it may be viewed by anyone who requests it. See Family Law Records | Superior Court of California | County of Orange for more info.
Privacy Strategies for Divorce Cases
Even though divorce records are public, there are ways to protect some of your personal information. Privacy can be a real concern, especially for those with high-profile or sensitive cases. Consider the following strategies:
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Mediation Confidentiality: Information shared during divorce mediation is confidential under California law and is not part of the public record. This makes mediation an attractive option for couples looking to resolve issues privately.
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Sealing Records: Although rare, you may request that the court seal specific documents. This is generally reserved for cases involving domestic violence, child abuse, or highly sensitive financial matters. The court requires a strong showing of good cause to approve such requests.
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Redaction: Certain sensitive details, such as Social Security numbers and financial account numbers, are automatically redacted from public divorce filings to protect against identity theft and maintain some privacy.
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Collaborative Divorce: For couples who want to minimize the public exposure of their private lives, collaborative divorce offers a confidential and cooperative approach. The process occurs outside of court, which can reduce the number of filings and sensitive documents that become part of the public record.
What Parts of a Divorce Case Can Be Kept Confidential?
In addition to mediation and collaborative processes, other records that may be kept confidential include:
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Settlement agreements that are not filed with the court
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Psychological evaluations or custody investigations, which are often restricted to the parties and the court
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Specific filings sealed by court order, upon motion and showing of good cause
The California Courts official site explains that while transparency is the norm, courts do have discretion to limit disclosure in appropriate circumstances.
Conclusion
So, are divorce cases confidential in California? Not by default. Divorce cases are generally public, and most documents filed in the court are accessible to others. However, by settling out of court, using mediation, or pursuing a collaborative divorce, you may limit what becomes part of the public record. You can also ask the court to seal specific documents or redact sensitive information where appropriate.
If privacy is important to you during your divorce, the attorneys at David Knecht Law can help you understand your legal options and advocate for the safeguards you need. We’re here to protect both your rights and your privacy—contact us today at (707) 451-4502 to learn more.
