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Florida Divorce Records and Marriage Records: Are They Public?
TL;DR: Florida divorce records are public in most cases, and so are Florida marriage records. The divorce file sits with the clerk of court in the county where the case began. A certified marriage or divorce certificate comes from the clerk who issued the license, or from the state.
Are divorce records public in Florida?
Yes, in most cases. A divorce, which Florida law calls a dissolution of marriage, is a court case. So the divorce file is a court record, and court records start out open.
The right to see them comes from Article I, Section 24(a) of the Florida Constitution. It reaches the courts. See Barron v. Florida Freedom Newspapers, 531 So. 2d 113 (Fla. 1988), which calls civil and criminal cases public events.
That means divorce records are public documents that any person can ask to see. You do not need to be one of the parties, or say why you want the file.
In short, divorce records in Florida are public unless a rule, a law, or a judge closes a part.
Are marriage records public in Florida?
Yes. Florida marriage records are open in most cases. Section 382.025(2)(a), Florida Statutes, covers them.
It lets the Department of Health issue certified copies of marriage and divorce certificates to anyone who pays.
A certified copy leaves out only the facts that Section 382.008 keeps confidential. So are marriage records public in Florida? Yes, with that small gap.
Are marriage certificates public in Florida?
Yes. But are marriage certificates public in Florida in the same way as birth records? No, birth records are a different story.
Section 382.025(1) makes birth records confidential. Only birth records over 125 years old that no court has sealed open to the public. Marriage and divorce certificates do not carry that limit.
Where do you get divorce records in Florida, and Florida marriage records?
People often ask the wrong office. The answer turns on which record you want: the court file, or the certificate.
The court file comes from the clerk
The clerk of the circuit court in the county where the divorce took place keeps the file. It holds the petition, the answer, any deal the two sides signed, and the final judgment.
Those papers are court records held by the clerk. They are not vital records held by the Department of Health. To obtain a copy of the divorce decree, ask the court clerk in the county where the divorce took place.
The clerk can certify the copy for you.
The certificate comes from the clerk or the state
A copy of a marriage license comes from the county clerk of court who issued it. You can also get a certified marriage or divorce certificate from the state, for a fee. It comes from the Florida Department of Health, Bureau of Vital Statistics.
The state route helps if you do not know which county issued the license. It holds records from across the State of Florida.
Why does Chapter 119 not control the divorce file?
Chapter 119 covers agency records. The courts are a separate branch, so they are not an agency under it. The Florida Supreme Court held so in Times Publishing Co. v. Ake, 660 So. 2d 255 (Fla. 1995).
Court records in Florida run under a different rule: Rule 2.420. Rule 2.420(a) gives the public access to all court records, except as the rule says.
The right to see court records rests on the same part of the Florida Constitution. What changes is who you ask. You ask the clerk of court, not a state agency.
What is public in a Florida divorce file?
The petition, the answer, the orders, and the final judgment
The petition, any answer from the other spouse, the orders in the case, and the final judgment are court records. They start out open under Rule 2.420(a). A stranger with no link to the case can ask the clerk for copies.
The docket and the basic information
The docket lists the papers in the case and the dates. It gives basic information that shows the divorce proceedings began, and what the court did. The docket is a court record too.
What does the clerk keep private in a divorce file?
A divorce is public record, but not every page has to be open. Still, the clerk closes less on its own than many people think.
Who has to flag sensitive information?
Rule 2.420(d)(1) tells the clerk to protect the confidential facts the rule names. But in civil cases, the clerk does not have to do this on its own. Most family law cases count as civil cases.
The person filing the paper must flag the private facts or file a motion. Section 119.0714(2)(g) says the clerk is not liable if the filer fails to flag them.
Take sensitive personal information like Social Security numbers or bank account information. The filer may need to ask the clerk to redact, or black out, those numbers.
What can a judge seal?
A judge may close part of a court file on the grounds in Rule 2.420(c)(9)(A). The order can be no broader than it needs to be, under Rule 2.420(c)(9)(B).
A party asks by filing a motion to seal. But the court must find that the record meets the grounds in the rule. A request alone does not seal a record.
People who sue cannot expect privacy for matters that are part of their own case. See Barfield v. Doe, 348 So. 3d 1156 (Fla. 4th DCA 2022). A messy divorce alone is not a reason to seal.
How do you get a copy of the divorce decree in Florida?
Find the clerk in the county where the divorce took place
Florida has 67 counties, and the clerks of court work county by county. A divorce case begins in one county, and that county's clerk keeps the file.
If you are not sure of the county, start where the parties lived. Then search that clerk's site by name.
Use the clerk's website for divorce records online
Most clerks post court records online, so you can often obtain divorce records that way. Many clerks let you search the docket free online. Some ask you to sign up first to view family law papers.
If a paper is not online, that does not mean it does not exist. Each clerk's office decides how far back its online records go.
Send a written request for the rest
Rule 2.420(m) says a request for a court record must be in writing. Rule 2.420(m)(1) says your request must be clear enough to find the record. You do not have to give a reason.
When submitting a request, name the case by number, or by the names of both spouses and the year. Say if you want to look at the file or obtain a copy.
For a model letter, see how to write a Florida public records request letter. Change it to fit a court file.
What do copies cost?
Section 28.24, Florida Statutes, sets the fee for copies of court records. Copies cost $1.00 per page, which is more than the 15 cents per page most agencies charge under Chapter 119.
Can you find out if someone filed for divorce or got married?
Divorce filings show up on the clerk's docket
A divorce case becomes a court record once it begins. The docket in that county is public, so you can search by the names of the parties involved.
No single site covers every county for divorce filings. If you do not know the county, start with the place the person lives or used to live.
Marriage licenses through the clerk or the state
The county clerk who issued a marriage license keeps a record of it. If you know the county, search that clerk's site or ask the clerk's office.
The Bureau of Vital Statistics keeps marriage records from across Florida. It can issue a certified copy to anyone who pays the fee, under Section 382.025(2)(a).
Where does this article stop?
This article covers whether Florida divorce records and marriage records are public, and where to find them. It does not cover how to file for divorce or annulment, or how to finalize one. Nor does it cover sealing a paper, which is work for a family law attorney.
For what Florida treats as a public record more broadly, see the companion article.
Frequently asked questions
- Are divorce records public in Florida?
- Yes, in most cases. A divorce file is a court record, and Rule 2.420(a) opens court records to the public. Some parts may stay closed by rule, by law, or by a judge's order.
- Are marriage records public in Florida?
- Yes. Under Section 382.025(2)(a), the state issues certified copies of marriage and divorce certificates to anyone who pays.
- Can I look up Florida divorce records online?
- Often, yes. Each county clerk of court runs its own site, and what it posts differs by county. For a paper that is not online, send the clerk's office a written request.
- How do I get a copy of the divorce decree?
- Ask the clerk of the circuit court in the county where the divorce took place. Copies of court records cost $1.00 per page under Section 28.24.
- Can I find out if someone filed for divorce in Florida?
- Yes, in most cases. The case shows up on the docket in the county where the divorce began. Search that clerk's site by the names of the parties involved.
- Are divorce records sealed on their own in Florida?
- No. The default is open. A judge must first find that a part of the file meets the grounds in Rule 2.420(c)(9).
- Are Florida birth records public?
- No. Section 382.025(1) makes birth records confidential, except birth records over 125 years old that no court has sealed. Marriage and divorce certificates work in a different way.
Related articles
- Are court records public in Florida?
- Which government bodies Florida public records law covers
- Are arrest records public in the State of Florida?
- How to get a Florida police report after arrest
- What is a public record under Florida law?
- How to write a Florida public records request letter
Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.