Are Divorce Records Public in San Mateo County?

divorce records san mateo county

Yes – divorce case information in San Mateo County is public, unless a judge seals it. That means the basics of your case are available for anyone curious enough to look, because California treats most family court filings as public records. Not exactly glamorous, but that’s how the system works.

People usually need divorce records for very practical reasons: proving they’re actually divorced before getting remarried, handling estate or probate issues, or sorting out a legal name change with government agencies that demand paperwork for everything. On the legal side, the decree is also required when someone isn’t following court orders or when you need to modify custody, support, or visitation. Courts don’t take your word for it – they want the official documents.

Financial institutions get in on the fun too. Lenders and title companies often require divorce judgments to clear real estate titles, and agencies handling pensions or Social Security may need proof of the marriage’s duration. Basically, everyone wants a copy of your divorce except the one person you hoped would care.

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The Different Types of Divorce Records in San Mateo

Record Type/NameCalifornia Form No.Purpose in the Case FilePublic Access Status
Judgment (or Decree)FL-180The final order that legally dissolves the marriage, confirms the date of termination, and incorporates all final agreements/orders.Generally Public. This is the key document proving divorce.
Marital Settlement Agreement (MSA)N/A (Separate Contract)The comprehensive contract detailing the final agreement on property, debt, custody, and support. It is usually attached to the Judgment.Generally Public (when filed with the Judgment), but the court may redact highly sensitive data.
PetitionFL-100The document that officially starts the case and identifies the parties, their children, and the relief requested.Public. Accessible online via the MIDX/Odyssey Index and in person.
Summons & Proof of ServiceFL-110 & FL-115Legal proof that the spouse was formally notified of the case, and documentation showing when and how they were served.Public. Required documentation for the court to proceed.
Declaration Under UCCJEAFL-105Filed if there are minor children. Details the children’s residence history to confirm the San Mateo court has jurisdiction over custody matters.Public. Information on minor children is often kept confidential or viewable only in person.
Income and Expense DeclarationFL-150Details one party’s monthly income, assets, and expenses, used for calculating support.Restricted/Confidential. Typically not public and only exchanged between the parties and filed under seal or restricted access.
Schedule of Assets and DebtsFL-142 or FL-160A comprehensive list of all assets (accounts, property) and debts.Restricted/Confidential. Often not public to protect financial privacy.
Declaration of DisclosureFL-140 & FL-141Certification that a party has fully exchanged all required financial information with the other side.Public. This form is public, but the detailed financial documents (FL-150, FL-142) it certifies are not public.

Divorce Petition and Response

The Divorce Petition (Form FL-100) is the document that officially kicks off a divorce case in San Mateo County – and the rest of California. Once filed, it creates the case, gives the court jurisdiction, and spells out the basics: who the spouses are, when they married and separated, whether kids are involved, and what the filing spouse wants (custody, support, property division, the whole menu). It’s essentially the Petitioner’s opening pitch to the court.

The Petition and the Response together set the boundaries of the entire case. By comparing them, anyone – judge, lawyer, or curious member of the public – can instantly see what’s agreed on and what’s about to turn into a fight. Big disagreements? Expect a flurry of motions, hearings, and paperwork. No disagreements? The record cruises straight to judgment.

In short, these two documents build the whole structure of the case file – because apparently, nothing says “romance is over” like mandatory forms and checkboxes.

Divorce Judgment (Final Decree of Dissolution)

The Judgment is the document that officially ends the marriage and locks in every decision about property, debts, support, and (if kids are involved) custody and visitation. Whether the case settled through an MSA or dragged through a trial, the Judgment is where all those terms finally become real and enforceable. Without it, the divorce isn’t legally complete, and all those hard-won agreements mean absolutely nothing.

As a court record, the signed Judgment is the proof that the marriage is legally done. It’s the document you need for anything after the divorce – refinancing a home, transferring title, updating legal IDs, or dealing with benefits. Third parties can rely on it to confirm your new legal status without digging into the private financial stuff buried elsewhere in the file.

Complete Divorce Case File

The case file is a big, organized pile of everything the court touched: the Petition and Response, proof of service, financial disclosures, motions, temporary orders, discovery, and finally the Judgment. In contested cases, it can also include legal briefs and trial transcripts, turning the file into a full play-by-play of the divorce.

As a public record, the complete case file is the master list of what exists – public and confidential. Anyone can see the basic case history online, but California law requires clerks to restrict sensitive details like financial affidavits, tax returns, and information about kids. To view the public parts, you usually need to show up at the courthouse. To see the sealed parts, you’ll need a court order and probably some patience.

How to Access Divorce Records in San Mateo

Finding the records depends on what you’re looking for and how much patience you have. The San Mateo County Superior Court (Family Law Division) – not the County Clerk-Recorder – keeps these files. You can search online through the Odyssey Public Portal or the MIDX index, but don’t get too excited: full divorce documents usually aren’t available for remote viewing thanks to privacy rules. If you want the actual file, you’ll likely end up visiting the courthouse in Redwood City or submitting a request by mail.

In person, you can view case files through the Records Management Division at the Hall of Justice, though some files have to be pulled from storage. By mail, you can request copies if you don’t feel like making a courthouse field trip. Either way, the court is happy to help – just not quickly.

Common Reasons People Request Divorce Records

  1. Proof of marital status and identity. Agencies need a certified divorce decree to confirm the marriage is legally over. It’s required for remarriage, restoring a former name, updating government IDs, and handling immigration or visa matters.
  2. Financial and real estate transactions. Lenders, banks, and title companies use the decree to confirm who owns what, who owes what, and who needs to be removed from which account or property. Because nothing screams “fresh start” like convincing a bank you’re officially single.
  3. Legal enforcement and modification. The decree is a court order, so it’s needed to enforce late support payments, modify custody or support, or settle probate questions about whether an ex still has any claim to an estate.
  4. Proving compliance or non-compliance. When a former spouse isn’t following the rules – like refusing to transfer property or repeatedly “forgetting” support – this record lets the court step in. Because apparently some people only understand “court order” when it’s printed in bold.
  5. Handling retirement and financial accounts. Splitting pensions, 401(k)s, and other retirement assets requires the decree (and sometimes a QDRO) so administrators know exactly how to divide everything.
  6. Closing or separating joint accounts. Banks and credit card companies need the decree to shut down or separate shared accounts. Because the only thing worse than an ex is an ex with access to your credit line.

When Divorce Records Can Be Sealed in San Mateo?

Divorce records in San Mateo County – and all over California – are generally public, but the court can seal them in rare, narrowly defined situations. Sealing is a big deal because it overrides the public’s constitutional right to peek into court proceedings.

Sealed records can only be accessed by the parties, their lawyers, or someone with a court order. Here are the main reasons the court might grant that privilege:

  1. Protection of children and minors. The court prioritizes the safety and well-being of kids, shielding them from embarrassing or harmful details. This includes records exposing their identities or allegations of abuse or neglect.
  2. Safeguarding victims of domestic violence. Records may be sealed to hide addresses, phone numbers, or workplaces from a former abuser. Because nothing says “moving on” like making sure your ex can’t track you down.
  3. Protection of business or proprietary information. High net worth or business owners can request sealing of sensitive financial data, trade secrets, or unreleased plans—just the juicy bits, not the whole file.
  4. Highly sensitive medical or psychiatric information. Rarely, medical or psychological records may be sealed if public disclosure could seriously harm someone’s privacy or well-being. Because apparently, your therapy notes are more private than your marital meltdown.

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