The Law on Sealing a Divorce Case in Arizona
Some people may have very good reasons for sealing court records in an AZ divorce. A divorce, although very personal, involves a legal process to dissolve the marriage. Your assets and business holdings are also included because the court must determine how to divide community assets between the two spouses. You have to deal with dividing community assets and debts, the potential payment of alimony (spousal support) and establishing child visitation schedules.
Divorce proceedings are very personal to you and your family. In most states, including Arizona, divorce records and proceedings are accessible to the public. To ensure the transparency of the court system, it is necessary to allow the public to have access to court records.
Thankfully, certain family law documents may be sealed; thereby preventing the public from gaining access to either certain documents or the entire divorce file.
Documents that may be sealed include healthcare records, most if not all, financial documents, or any information identifying children or a victim of domestic or sexual abuse or violence. You must seek the approval of the courts to seal any records in your case. A motion or application to seal records must be requested if you feel you need documents or information to be sealed. An experienced family law attorney can help you understand the process of sealing divorce records to protect your privacy.
There is a process called “redaction”, which will prevent any identifying information, such as your social security number or bank account numbers, from being revealed to the public. Such information can be blacked out on the actual document to prevent disclosure. Identity theft is so prevalent today that this may be the best option to choose. With the help of your Arizona family law attorney, your identity can be protected even if most of the divorce records are left unsealed and available to the public.
Court of Appeals Ruling on Whether You Can Talk About a Divorce That is Sealed
In the case of Nash vs. Nash, Mother challenged a court order that “[d]ocuments, records, and transcripts sealed by the Court, and information contained in the sealed material, may not be disseminated to any third party without an Order of the Court.”
Not only does the order bar either party from disclosing copies of any court filing, but it also prevents them from discussing the outcome of the proceeding or disclosing any information contained in documents, records or transcripts without prior court approval.
It broadly applied to all such information, without regard to its source and without identifying any significant interest sought to be protected. Because the order preemptively forbade speech concerning a public proceeding, this was a classic prior restraint on speech. Father did not argue the order was required to protect his interest in a fair trial. Instead, Father argued the order was a “logical extension” of stipulations the parties entered prior to Trial asking the superior court to seal particular filings.
But the order at issue bared disclosure of any matter in the court’s record, not just documents the parties agreed would be sealed or kept confidential.
Moreover, Father did not point to any stipulation by which the parties agreed not to disclose the outcome of the dissolution proceeding or, more broadly, any information contained in any filing they made in the proceeding.
Nor did Father identify any specific information contained in the court’s file whose disclosure would threaten the best interests of the children or any factual finding by the court that would justify the order.
Pursuant to Arizona Rule of Family Law Procedure 13(D), the records relating to a dissolution proceeding “shall be maintained and disclosed in accordance” with Rule 123(c)(1) of the Rules of the Arizona Supreme Court, which in turn provides that court records “are presumed to be open to any member of the public for inspection.”
While Arizona Rule of Family Law Procedure 13(D) allows the superior court to “make any record of a family court matter closed or confidential or otherwise limit access to such records,” the court may issue such an order only upon “a finding that the confidentiality or privacy interests of the parties [or] their minor children … outweighs the public interest in disclosure.”
To the extent the order at issue barred the parties from disclosing the decree or any other filings made in the case, it failed because it is unsupported by the findings that Rule 13(D) or Rule 123(c)(1) of the Arizona Supreme Court require.
Moreover, to the extent the order bared the parties from disclosing any information contained in any court filing, it cannot withstand scrutiny under applicable First Amendment principles. Therefore, the Court of Appeals vacated the order. Now, the question remains, what were those juicy details? If you have any questions regarding child support in Arizona.
If you have questions about sealing court records in a divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.
More Articles About Divorce in Arizona
- ARIZONA DIVORCE PRACTICE
- CAN MY SPOUSE BE ORDERED TO PAY MY ATTORNEY FEES IN ARIZONA
- HOW TO APPEAL A DIVORCE DECREE IN ARIZONA
- MISLED INTO SIGNING DIVORCE SETTLEMENT IN ARIZONA
- MODIFYING A DIVORCE DECREE IN ARIZONA
- WHY MEDIATE YOUR DIVORCE IN ARIZONA
- HOW TO PREPARE FOR DIVORCE MEDIATION IN ARIZONA
- FUNNY DIVORCE QUOTES IN ARIZONA
- LEARN ABOUT UNCONTESTED DIVORCE IN ARIZONA
- ARIZONA DIVORCE LAWS
- EFFECTS OF DIVORCE ON CHILDREN IN ARIZONA
- DIVORCE STATISTICS IN ARIZONA
- PARENTING CLASS DURING A DIVORCE IN ARIZONA
- MERGER OR INCORPORATION OF SETTLEMENT AGREEMENT IN ARIZONA
- HIGH NET WORTH DIVORCE ARIZONA
- HIGH ASSET DIVORCE IN ARIZONA
- COMPLEX DIVORCE CASES IN ARIZONA
- REASONS TO FILE FOR DIVORCE IN ARIZONA
- HOW MUCH DOES A DIVORCE COST IN ARIZONA
- ARIZONA DIVORCE RECORDS SEARCH
- DIVORCE IN ARIZONA WITHOUT CHILDREN
- DOMESTIC VIOLENCE AND DIVORCE IN ARIZONA
- MILITARY DIVORCE LAWS IN ARIZONA
- GUIDE TO DIVORCE FOR MEN IN ARIZONA
- COPING WITH DIVORCE IN ARIZONA
- DIVORCE COURT JURISDICTION ARISES FROM STATUTES IN ARIZONA
- ARIZONA DIVORCE LAWS ON ADULTERY
- FAILURE TO INCLUDE AN ISSUE IN AN ARIZONA DIVORCE
- SOCIAL MEDIA EVIDENCE IN DIVORCE IN ARIZONA
- WHAT TO DO WHEN SERVED WITH DIVORCE PAPERS IN ARIZONA
- SEVEN STEPS OF THE ARIZONA DIVORCE PROCESS: ULTIMATE GUIDE TO DIVORCE
- CHANGE TO MAIDEN NAME AFTER DIVORCE IN ARIZONA
- STOP AN ARIZONA DIVORCE
- ARIZONA DIVORCE DEBT
- MARITAL SETTLEMENT AGREEMENT IN ARIZONA
- SELLING COMMUNITY PROPERTY DURING A DIVORCE IN ARIZONA
- HOW TO OBTAIN A DIVORCE AFTER LEGAL SEPARATION IN ARIZONA
- WHAT REASONS DO I NEED TO OBTAIN A DIVORCE IN A COVENANT MARRIAGE IN ARIZONA
- CONVERT TO A COVENANT MARRIAGE IN ARIZONA
- WHAT IS A COVENANT MARRIAGE IN ARIZONA
- WHAT HAPPENS IF THE DIVORCE CASE GOES TO TRIAL IN ARIZONA
- HOW IS A DIVORCE FINALIZED IN ARIZONA
- DIVORCE CASE IS ON THE INACTIVE CALENDAR IN ARIZONA
- WHAT IS A FAMILY LAW MASTER IN AN ARIZONA DIVORCE CASE
- DOES THE COURT OFFER SERVICES TO SAVE A MARRIAGE IN ARIZONA
- WHAT IS A DEFAULT DIVORCE IN ARIZONA
- SERVED WITH DIVORCE PAPERS IN ARIZONA
- HOW LONG DOES UNCONTESTED DIVORCE TAKE IN ARIZONA
- CAN I STOP A DIVORCE IN ARIZONA IF I CHANGE MY MIND
- HOW LONG DOES IT TAKE TO GET TEMPORARY ORDERS IN AN ARIZONA DIVORCE CASE
- ADVANTAGE FOR FILING DIVORCE FIRST IN ARIZONA
- EFFECT OF ADULTERY ON AN ARIZONA DIVORCE
- CAN I REPRESENT MYSELF IN AN ARIZONA DIVORCE CASE
- WHAT IS A TEMPORARY ORDERS HEARING IN ARIZONA
- WHAT HAPPENS AT A TEMPORARY ORDERS HEARING IN ARIZONA
- HOW LONG DOES A CONTESTED DIVORCE TAKE IN ARIZONA
- ARE PRENUPTIAL AGREEMENTS ENFORCEABLE IN ARIZONA
- HOW TO FIND GOOD DIVORCE ATTORNEY IN ARIZONA
- SERVING DIVORCE PAPERS BY PUBLICATION IN ARIZONA
- CUSTODY OF THE FAMILY PET IN A DIVORCE IN ARIZONA
- SAME-SEX DIVORCE IN ARIZONA
- CONCILIATION COURT SERVICES IN ARIZONA
- DIVORCE AND CHILDREN IN ARIZONA
- SEVEN DOCUMENTS YOU NEED TO FILE FOR DIVORCE IN ARIZONA
- DIVORCE SUPPORT GROUPS IN ARIZONA
- QUICK DIVORCE IN ARIZONA
- NO FAULT DIVORCE IN ARIZONA
- HOW TO GET A DIVORCE IN ARIZONA WHEN YOU CANNOT FIND YOUR SPOUSE
- WHAT IS A PRELIMINARY INJUNCTION IN AN ARIZONA DIVORCE
- ARIZONA DIVORCE ATTORNEY REVIEWS
- DISSOLUTION OF MARRIAGE IN ARIZONA: STEPS TO DISSOLVE A MARRIAGE
- SHOULD I KEEP THE HOUSE IN A DIVORCE IN ARIZONA
- HOW LONG DO YOU HAVE TO BE SEPARATED BEFORE DIVORCE IN ARIZONA
- COLLEGE EXPENSES AFTER DIVORCE IN ARIZONA
- HIGH CONFLICT DIVORCE IN ARIZONA
- VOID AND PROHIBITED MARRIAGES IN ARIZONA
- WHAT HAPPENS AT A RESOLUTION MANAGEMENT CONFERENCE IN ARIZONA
- ARIZONA DIVORCE DOCUMENT PREPARATION SERVICE
- WHAT SHOULD I DO BEFORE FILING DIVORCE IN ARIZONA
- DISMISSAL OF AN APPEAL FOR NOT OBEYING ORDERS IN A DIVORCE IN ARIZONA
- WHAT HAPPENS TO FROZEN EMBRYOS IN A DIVORCE IN ARIZONA
- CORRECTING A MISTAKE IN AN ARIZONA DIVORCE DECREE
- ARE YOU MARRIED TO A NARCISSIST
- DIVORCING A NARCISSIST IN ARIZONA
- FINDING A REALTOR DURING A DIVORCE IN ARIZONA
- ENFORCING A PROMISE IN A DIVORCE IN ARIZONA
- WHEN IS A DIVORCE FINAL TO FILE AN APPEAL IN ARIZONA
- FAILURE TO INCLUDE AN ISSUE IN A PRETRIAL STATEMENT IN ARIZONA
- START DATE FOR TEMPORARY SUPPORT IN ARIZONA
- EFFECT OF CHANGING JUDGES DURING A DIVORCE IN ARIZONA
- FAILURE TO SIGN VERIFICATION OF DIVORCE FORM IN ARIZONA
- CHANGING POSITIONS DURING A DIVORCE TRIAL IN ARIZONA
- HOW TO WORK EFFECTIVELY WITH AN ATTORNEY WHEN YOU DIVORCE A NARCISSIST
- NARCISSIST DIVORCE ADVICE IN ARIZONA
- DEFENSES TO ENFORCEMENT OF A PRENUPTIAL AGREEMENT IN ARIZONA
- CONTESTING A PRENUPTIAL AGREEMENT IN ARIZONA
- CAN A JUDGE REJECT A DIVORCE SETTLEMENT IN ARIZONA
- ARE POSTNUPTIAL AGREEMENTS VALID IN ARIZONA
- INTERNATIONAL DIVORCE IN ARIZONA
- TIPS ON HIRING AN ARIZONA DIVORCE LAWYER
- OPENING BRIEF IN AN ARIZONA FAMILY LAW APPEAL
- DIVORCE TIPS IN ARIZONA
- COMPLETE VERSUS PARTIAL DIVORCE AGREEMENT IN ARIZONA
- DISQUALIFICATION OF ATTORNEY IN AN ARIZONA DIVORCE
- FAILURE TO FILE MARRIAGE LICENSE IN ARIZONA
- LATE DISCLOSURE OF EVIDENCE IN AN ARIZONA DIVORCE CASE
- MISSED COURT DATE IN AN ARIZONA DIVORCE CASE
- COHABITATION AGREEMENTS IN ARIZONA
- FINANCIAL AGREEMENTS BETWEEN UNMARRIED COUPLES IN ARIZONA
- ARIZONA DIVORCE COURT AUTHORITY FOR RELIGIOUS DIVORCE
- PREMARITAL AGREEMENT FROM OTHER STATE IN ARIZONA
- RATIFICATION OF VOIDABLE MARRIAGE IN ARIZONA
- FULL FAITH AND CREDIT AND PERSONAL JURISDICTION IN ARIZONA DIVORCE
- WHAT IS A RULE 69 AGREEMENT IN ARIZONA
- WHAT TO DO DURING A DIVORCE IN ARIZONA
- YOU’RE GETTING A DIVORCE IN ARIZONA, ARE YOU SURE YOU WANT THE HOUSE?
- ENFORCING A PREMARITAL AGREEMENT IN ARIZONA
- ENFORCING UNSIGNED DIVORCE SETTLEMENT IN ARIZONA
- ARIZONA INDUSTRIAL COMMISSION MUST RECOGNIZE VALIDITY OF SUPERIOR COURT RULING REGARDING MARITAL STATUS
- DEATH OF A SPOUSE STOPS A DIVORCE IN ARIZONA
- APPEALING TEMPORARY ORDERS IN ARIZONA
- JURISDICTION ON PROCEDURAL ISSUES IN AN ARIZONA DIVORCE
- CHANGING JUDGES IN AN ARIZONA DIVORCE
- SANCTIONS FOR LEGAL MALPRACTICE IN A DIVORCE IN ARIZONA
- CORROBORATION REQUIRED IN AN ARIZONA FAULT DIVORCE
- MODIFICATION OF SETTLEMENT AGREEMENT IN ARIZONA
- ESTABLISHING EXTRINSIC FRAUD IN AN ARIZONA DIVORCE
- TIME LIMIT TO ENFORCE DIVORCE DECREE IN ARIZONA
- ATTORNEY’S CONFLICT OF INTEREST IN AN ARIZONA DIVORCE
- CONTESTED VS. UNCONTESTED DIVORCES IN ARIZONA
- CHANGING ATTORNEYS DURING A DIVORCE IN ARIZONA
- DIVORCING AN ABUSIVE SPOUSE IN ARIZONA
- STATUTE OF LIMITATIONS ON A DIVORCE DECREE IN ARIZONA
- QUESTIONS TO ASK A DIVORCE LAWYER IN ARIZONA
- SITUATIONS BEST FOR DIVORCE MEDIATION IN ARIZONA
- WHEN IS MEDIATION A BAD IDEA IN ARIZONA
- WHEN IS MEDIATION A GOOD IDEA IN AN ARIZONA DIVORCE
- ATTACKING A POSTNUPTIAL AGREEMENT IN ARIZONA
- UPDATING YOUR ESTATE PLAN AFTER A DIVORCE IN ARIZONA
- DEALING WITH AGGRESSIVE DIVORCE LAWYER IN ARIZONA
- DIVORCING A BIPOLAR SPOUSE IN ARIZONA
- CHOOSING THE RIGHT DIVORCE LAWYER IN ARIZONA
- WHAT YOU NEED TO KNOW ABOUT AN ANNULMENT VERSUS DIVORCE IN ARIZONA
- PROBLEMS WITH AGGRESSIVE DIVORCE LAWYERS IN ARIZONA
- DIVORCING SOMEONE WITH A MENTAL ILLNESS IN ARIZONA
- DIVORCING A PSYCHOPATH IN ARIZONA
- DIVORCING A DEPRESSED SPOUSE IN ARIZONA
- COPING WITH ANXIETY DURING DIVORCE IN ARIZONA
- ESTATE PLANNING AFTER DIVORCE IN ARIZONA
- DIVORCING AN ALCOHOLIC IN ARIZONA
- OBSESSIVE COMPULSIVE PERSONALITY IN AN ARIZONA DIVORCE
- TRAUMATIC STRESS AND DIVORCE IN ARIZONA
- DISSOCIATIVE DISORDER AND DIVORCE IN ARIZONA
- SOMATIC SYMPTOM DISORDER IN A DIVORCE IN ARIZONA
- PERSONALITY DISORDERS IN A DIVORCE IN ARIZONA
- PARANOID PERSONALITY DISORDER IN A DIVORCE IN ARIZONA
- SAVE MONEY ON DIVORCE ATTORNEY FEES IN ARIZONA
- DEALING WITH A LIAR IN A DIVORCE IN ARIZONA
- THE IMPORTANCE OF CONSULTING A FINANCIAL PLANNER BEFORE A DIVORCE IN ARIZONA
- SETTING ASIDE OR MODIFYING DIVORCE DECREE IN ARIZONA
- DUTY OF CANDOR IN A DEFAULT DIVORCE IN ARIZONA
- SOMEONE LIES IN A DIVORCE IN ARIZONA
- DIVORCING A DRUG ADDICT IN ARIZONA
- DIVORCING AN ABUSIVE SPOUSE IN ARIZONA
- FOR THE NEWLY DIVORCED
- APPEALING AN ARBITRATION AWARD IN A DIVORCE IN ARIZONA
- BENEFICIARY DESIGNATIONS AFTER DIVORCE IN ARIZONA
- ATTORNEY FEES ON A JUDGMENT IN A DIVORCE IN ARIZONA
- CONTINUE AZ DIVORCE TRIAL TO HIRE AN ATTORNEY
- PAYOFF IN PRENUPTIAL AGREEMENT ENFORCEABLE IN ARIZONA
- LAW OF THE CASE DOCTRINE IN A DIVORCE IN ARIZONA
- FIXING AN ERROR IN A FAMILY LAW CASE IN ARIZONA
- JUDGE FAILS TO RULE ON A DIVORCE ISSUE IN ARIZONA
- SANCTIONS IN AN ARIZONA FAMILY LAW CASE
- BLAMING DIVORCE ATTORNEY WAIVES PRIVILEGE IN ARIZONA
- PRESERVE CLAIMS FOR A FAMILY LAW APPEAL IN ARIZONA
- FIVE THINGS TO DO TO PREPARE FOR DIVORCE MEDIATION IN ARIZONA
- IS DIVORCE THE BEST OPTION IN ARIZONA
- ASKING YOUR SPOUSE FOR A DIVORCE IN ARIZONA: 5 THINGS YOU NEED TO KNOW
- WHEN DIVORCE IS THE RIGHT CHOICE IN ARIZONA
- DISMISSAL OF INTERNATIONAL DIVORCE IN ARIZONA
- FILING LATE APPLICATION FOR ATTORNEY FEES IN ARIZONA
- SANCTIONS FOR FILING DOCUMENTS IN AN ARIZONA DIVORCE
- CAN YOU LODGE A CONSENT DECREE IN ARIZONA
- SERVICE BY EMAIL IN AN ARIZONA DIVORCE
- WHEN YOU SHOULD FILE FOR BANKRUPTCY BEFORE A DIVORCE IN ARIZONA
- ADVANTAGES OF DIGITAL PRIVACY CLAUSES IN PRENUPTIAL AGREEMENTS
- RESIDENCY REQUIREMENTS FOR A DIVORCE IN ARIZONA
- MOVING OUT OF THE HOUSE DURING A DIVORCE IN ARIZONA
- DIVORCE SUCKS: DECIDING TO DIVORCE IN ARIZONA
- WHAT IS ALTERNATIVE DISPUTE RESOLUTION IN ARIZONA
- PROTECT YOURSELF DURING A DIVORCE IN ARIZONA
- ARIZONA RULE 69 AGREEMENT CONTESTED WITHOUT TRIAL
- JOINING THIRD PARTY IN AN ARIZONA DIVORCE
- WHAT SHOULD I DO BEFORE FILING DIVORCE IN ARIZONA
- EIGHT FINANCIAL MISTAKES TO AVOID WHEN GOING THROUGH A DIVORCE IN AZ
- WHAT TO DO IF YOUR WIFE (OR HUSBAND) WANTS A DIVORCE
- NINE WAYS YOUR SPOUSE CAN HIDE THEIR INCOME BEFORE DIVORCE IN ARIZONA
- WITNESS PREPARATION IN ARIZONA DIVORCE AND CHILD CUSTODY CASES
- HOW SHOULD A MAN PREPARE FOR DIVORCE
- A DEFINITIVE GUIDE TO DEALING WITH A SURPRISE DIVORCE
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.
Leave a Reply