CALIFORNIA STATE RECORDS
This may have left you with many questions: What does it mean to have records under seal? Why would this be necessary? What are the requirements to place records under seal? Read on for answers! To begin, you should know that family law files are public record in California. This means that anything filed with the court in a divorce or custody proceeding becomes part of your court file and can be viewed by any member of the public at any time. It is as simple as going down to the courthouse and making a simple request to view a file.
California State Records
To place a record under seal means that there is some sort of confidential or sensitive information that, although part of your court file, will remain confidential and will not become part of the public record. The sealed record would be available only for the eyes of the parties directly involved in the case.
First, the CRC state that no file can be placed under seal without a court order.
Judges also order modifications due to violations. For instance, if one spouse continuously violates the terms set out in the divorce decree regarding parenting time, a judge can modify parenting time based on the best interests of the child. Related Reading : Gift or Inheritance? And Why That Matters.
It is important to bear in mind that a divorce decree does not nullify third-party financial commitments you have agreed to with creditors and other companies. You have signed contracts with these organizations obligating yourself to the terms of the loans and are financially responsible and liable for their fulfillment and repayment regardless of the decree.
The divorce decree signifies an agreement among the court, your former spouse and you. No one else.
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It details who has agreed to take on responsibility for repayment of the debt and can be legally enforced by the court issuing the decree but if your former spouse neglects or refuses to obey the terms of the decree, your credit score can still be impacted and you are still liable for repayment. Related Reading : 7 Simple Steps to Divorce.
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You can attempt to revise the contract with the lender but the decision to do so is entirely at their discretion. They may be willing to remove you from responsibility for the debt but if the payment is delinquent then the lender is extremely unlikely to do so.
How to Obtain a Divorce Decree From California | LegalZoom Legal Info
Your best recourse to protect your credit score may be to repay the debt in full. Then petition the court to compel your former spouse to compensate you for the amount you spent covering their court determined commitment. In California certified copies of divorce decrees are either authorized or informational and must be obtained from the specific county Superior Court where the divorce papers were filed. An informational divorce decree is available for family history or genealogy purposes and it is stamped with a declaration that the document is not valid for identification purposes.
Divorce decrees are classified as confidential documents in California and while they can be ordered online, they are not available for downloading from the Internet.