Ask a Law Librarian: FAQ's about Legal Research

There does not appear to be any law in New York that specifically authorizes the sealing or redaction of the information that appears in marriage licenses, marriage certificates, or other marriage or domestic partnership records, though a CPLR Article 78 action may perhaps be brought for this relief. There is a statute, New York Domestic Relations Law §14-a(5), and a local procedure promulgated by the New York City Clerk, enabling the correction of errors in the foregoing records.

Regarding divorce records, please keep in mind that: "Copies of documents (other than the Judgment of Divorce itself) can only be obtained by one of the parties or an attorney who is representing one of the parties. Divorce records are not open to public inspection." Divorce Information & Frequently Asked Questions | NYCOURTS.GOV

It may be possible to move to seal or redact your divorce judgment under 22 NYCRR 216.1(a) ("...a court shall not enter an order in any action or proceeding sealing the court records, whether in whole or in part, except upon a written finding of good cause, which shall specify the grounds thereof..."). Such a motion would be filed in the same court that issued the divorce judgment and under that same index number. But your ex-spouse would have the right to contest such a motion, and you would have the burden of satisfying the court that your interest in sealing/redaction outweighs the public's right to access judgments as public records. The assistance of counsel is recommended for this or any other litigation: Free Legal Help in New York State | LawHelpNY.

There are some articles written about the movement to seal divorce records: See the notes to page 45 below from The article "Preserving Practical Obscurity in Divorce Records in the Age of E-Filing and Online Access, Ethics, Malpractice and Professional Liablility in Family Law Cases by Laura W. Morgan, page 405, (2001).

410 Journal of the American Academy of Matrimonial Lawyers


secrecy in the political process."19 But again, the interest in pub-
lic disclosure must be weighed against other privacy interests.20
Third, there is a constitutionally protected right of access to
the courts. The U.S. Supreme Court found a qualified right of
access implied in the First Amendment to the U.S. Constitution
in Richmond Newspapers, Inc. v. Virginia and its progeny.21


B. Restrictions on Open Access for Divorce Filings

In Strengthening the Lock on the Bedroom Door, I discussed
the right to petition in divorce cases to seal the record as a means
of restricting access of divorce records.22 The article argued for a
greater presumption of privacy in divorce records, i.e., that seal-
ing a divorce record should be easier than in other types of cases
due to the peculiar privacy concerns present in divorce cases that
do not exist in run of the mill civil cases.23 This article will not
repeat the arguments in favor of sealing divorce records.



19 City of San Jose v. Super. Ct., 214 Cal. Rptr. 3d 274, 389 P.3d 848 (Cal.
2017) (discussing the CPRA.)
20 Nat'l Archives & Records Admin., 541 U.S. at 167; see David Hamill,
The Privacy of Death on the Internet. A Legitimate Matter of Public Concern or
Morbid Curiosity, 25 J. Civ. RTs. & ECON. DEV. 833 (2011).
21 448 U.S. 555 (1980) and its progeny. See Eugene Cerruti, Dancing in
the Courthouse: The First Amendment Right of Access Opens a New Round, 29
U. RICH. L. REv. 237, 271-72 (1995); Tom Clarke, A Contrarian View of Two
Key Issues in Court Records Privacy & Access, TRENDS IN STATE COURTs 2016
at 56, http://www.ncsc.org/-/media/Microsites/Files/Trends`%202016/Contrarian-
View-Trends-2016.ashx (last visited Dec. 1, 2018).
22 To varying degrees, states have allowed divorcing parties some degree
of confidentiality. E.g., CAL. FAM. CODE � 2024.6(a) (West 2004) (providing a
right to petition to seal the record of financial assets following dissolution of
marriage, nullity of marriage, or legal separation); NEV. REV. STAT. ANN.
� 125.110(2) (LexisNexis 2004); N.H. REV. STAT. ANN. � 458:15-b(I) (Lexis-
Nexis 2007) (requiring all financial affidavits to be kept confidential upon their
filing); VA. CODE ANN. �� 20-121.03, 20-124 (2008) (sealing all financial docu-
ments required by law to be filed and providing a right for either party to seal
the court record or any settlement agreement). See Jeff German, How Much
Privacy Is Due Public Figures in Divorce?, LAS VEGAS SUN (Mar. 27, 2009),
http://www.lasvegassun.com/news/2009/mar/27/how-much-privacy-due-public-
figures.
23 Morgan, supra note 1, at 63.