Legal Question in Family Law in California

Once a divorce is finalized, can all the documents related to the divorce (declarations, summons, mediation recommendations, etc) be sealed so that its contents can only be viewed by the actual litigants thereby, essentially, making the matter private to the public?


Asked on 9/08/10, 6:08 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Not really. Getting a court to seal divorce records is next to impossible.

One of the current key holdings from the California Supreme Court was set forth in a case in which Sondra Locke sued Clint Eastwood for breaching an alleged promise to help her develop film projects. (NBC Subsidiary, Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1190-1191.)

"We believe that the public has an interest, in all civil cases, in observing and assessing the performance of its public judicial system, and that interest strongly supports a general right of access in ordinary civil cases." (20 Cal.4th at 1210.)

The NBC court held that the First Amendment right of public access to the courts and court records means that in ordinary civil cases proceedings are "presumptively open." Such a presumption of openness can only be overcome if the court holds a hearing and expressly finds that the closure or sealing involves an overriding interest supporting it; includes a substantial probability that the interest will be prejudiced without it; is narrowly tailored to serve the overriding interest; and "there is no less restrictive means of achieving the overriding interest." (20 Cal. 4th at 1217-18.)

Contrary to popular belief, family law case are considered ordinary civil cases.

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Answered on 9/15/10, 8:26 am


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