Are Divorce Records Public?
When you file for divorce in Michigan, most of the documents you and your spouse submit become part of the public court file.
That means anyone—your neighbor, a prospective employer, or a curious stranger—can request and review those filings, unless you take specific steps to keep them under seal. Here’s what you need to know about accessing, copying, and sealing divorce records in Michigan courts.
What Are “Divorce Records,” and Why Are They Public?
In Michigan, a divorce action generates two main types of records:
- Judgment of Divorce (Decree) – This is the court’s final order ending your marriage, outlining property division, spousal support, child custody, parenting time, and other post‑divorce obligations.
- Divorce Certificate – A condensed vital record issued by the Michigan Department of Health and Human Services (MDHHS). It lists only basic facts—date the divorce became official, names of the parties, court name, and case number—and is typically used for legal name changes or insurance purposes.
Under Michigan Court Rule 8.119, “only case records as defined in [the rule] are public records,” and by default they’re accessible to anyone who requests them. Similarly, third‑party sites like MichiganCourtRecords.us note that you can view electronic copies of all public divorce filings through the court’s access platform, and that authorized users may obtain paper copies in person or by mail.
How to Obtain Michigan Divorce Records
1. Online via MiCOURT Case Search
Most circuit courts in Michigan participate in the statewide MiCOURT Case Search system. By entering a party’s name, case number, or filing date range, you can see docket entries and often view registers of action. While not every scanned document is available online, you’ll know which courthouse holds the file.
2. In‑Person or Mail Requests to the Clerk of Court
To get certified copies of actual filings (the Judgment of Divorce, parenting plans, property settlements, etc.), you must contact the Clerk’s office in the county where your divorce was finalized. As Wayne County’s Clerk explains, civil court records (including divorces) dating back to 1942 are available for viewing on site; you can also order certified copies by submitting a request form, paying per‑page fees, and providing the parties’ names and case number.
3. Divorce Certificates from MDHHS
If all you need is the divorce certificate (not the full court file), you can order it through the MDHHS Vital Records office in Lansing or via their website. A base fee applies, plus additional charges for each extra copy or expedited service. Note: Certificates aren’t issued until at least 90 days after your divorce date.
Sealing Your Divorce Records: When and How
Because Michigan courts start from a presumption of openness, sealing is the exception—not the rule. Under MCR 8.119(I), you can ask the court to seal either your entire case file or specific documents “upon motion of a party” and a showing of “good cause” (staging.courts.michigan.gov). The court will weigh:
- Your privacy interests, especially if the file contains sensitive financial information, proprietary business data, or allegations of domestic violence;
- The public interest in transparency and accountability; and
- Whether a narrower redaction could suffice instead of a blanket seal.
If the judge grants your motion, those documents are removed from public view—accessible only to parties or other persons the court specifies. If denied, you may appeal that ruling.
What Remains Public (and What Doesn’t)
Even when your file is sealed, certain summaries—like docket entries noting that documents were filed—may remain accessible. And while you can seal motions, exhibits, or specific pleadings, entire case seals are rare unless extraordinary circumstances exist (e.g., proven risk to the safety of a domestic violence victim) (Michigan Legislature).
By contrast, divorce certificates cannot be sealed; they’re handled separately by MDHHS and remain available upon request, since they contain only basic, non‑confidential data.
Practical Tips and Next Steps
- Plan Ahead: If you anticipate needing confidentiality for your financial or personal details, discuss sealing strategies with your attorney before you file.
- File Early: You can request that certain documents (like a financial affidavit) be filed under seal at the time of filing, under MCR 1.109(D)(8).
- Budget for Fees: Certified copies run anywhere from $1–$15 per page, depending on the court and service level.
Stay Informed: Rules and local procedures can vary slightly by county—always check the local administrative orders for your circuit.
Ultimately, divorce transparency promotes an accountable judiciary—but Michigan also recognizes the need to protect individual privacy in the right cases. If keeping your information out of public view matters to you, the key is a timely, well‑supported motion under MCR 8.119.
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