Your Divorce is an Open Book

May 6, 2009

In Wisconsin, Court files are generally open and subject to public inspection, as part of the state Open Records Law.   That is why a political news story yesterday caught my eye: a Judge in a Missouri congressman’s divorce sealed the file after a reporter asked to see it.  

Unless a Judge specifically orders otherwise, any person can go to a local Circuit Court Clerk of Courts office and ask to see a divorce file.  The entire file is an “open book,” save for a few documents.   We also have CCAP, part of the Wisconsin Circuit Court Access System, where a catalogue of most court filings is maintained in a public database.  The level of detail provided online as to the nature of the individual documents within a file seems to vary by county.

There are two documents which are not for public consumption:

  • Confidential Petition Addendum.  A couple of years ago, the law was (thankfully) changed to provide that instead of putting people’s social security numbers in the Petition for Divorce, that information goes into a separate Confidential Petition Addendum.   The Addendum is placed into a sealed Court file.  The Court, the parties to the case and their attorneys are entitled to access this information.
  • Financial Disclosure Statement.  All parties to divorce are required to file sworn statements setting forth information about their income, expenses, assets and liabilities.  This document, known as a Financial Disclosure Statement, goes into a sealed Court file.  Only the Court, the parties to the case and their attorneys are entitled to access this information.

In Wisconsin, upon request, the Judge decides whether or not to seal a file.  In my local area the sealing of entire divorce files is a relatively rare occurrence, as confirmed by the Appleton Post-Crescent when the paper conducted an investigation of court files in its four-county readership area (Calumet, Outagamie, Waupaca and Winnebago Counties) earlier this year.  

As a result, for most people, their divorce is an open book for anyone to read.  The type of information in an open divorce file often includes:

  • Home address;
  • Occupation and/or employer;
  • Date of marriage;
  • Names and dates of birth of minor children;
  • Whether or not anyone in the family is receiving public assistance;
  • Whether or not the wife is pregnant;
  • In a custody dispute, specific claims about the other spouse: abuse, neglect, alcohol/drug use, etc.
  • A description of the assets being awarded to each spouse;
  • A description of the debts being assigned to each spouse;
  • What the custody and placement arrangements are in a case, and why.

Should this information be for public consumption?  Does the availability of CCAP make a difference? I’d love to hear what you think.

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