Are Divorce Records Public in New Jersey? A 2026 Access & Privacy Guide

Yes, divorce records are public in New Jersey. Under the Open Public Records Act (P.L. 2001, c. 404) and New Jersey Court Rule 1:38, dissolution case records are presumptively open for public inspection once a case is finalized. However, settlement agreements incorporated into judgments are excluded from public access, and sensitive data such as Social Security numbers is redacted.

New Jersey treats court records differently from most states. Divorce filings are held by the Superior Court, not the Vital Records office, and access splits into two tracks: basic case information anyone can view through the Family Automated Case Tracking System (FACTS), and certified copies that only the parties, their attorneys, or a court order can release. This guide explains exactly what is public, what stays private, how much access costs, and how to seal records when privacy matters most.

Key Facts: Divorce Records in New Jersey

Figures are current as of March 2026. Verify fees and rules with your local Superior Court clerk.

Are Divorce Records Public in New Jersey?

Divorce records are public in New Jersey. The state legislature made dissolution case records available to the public through the Open Public Records Act, passed in 2001 (P.L. 2001, c. 404). Court Rule 1:38 reinforces this with a presumption that all judiciary records are open for public inspection and copying unless a specific exception applies. Once a divorce is finalized, the judgment and most filings become part of the public record.

New Jersey courts operate under a presumption of openness rather than confidentiality. Rule 1:38, titled "Public Access to Court Records and Administrative Records," states that court records within the custody of the judiciary are available for public inspection unless expressly exempted under Rule 1:38-3. This means the existence of a divorce, the docket number, the parties' names, the grounds cited, and the case status are all matters of public divorce filings that any member of the public can access. New Jersey handles divorce differently from many states because it classifies these files as court records, not vital records, so they are stored and managed by the Superior Court rather than a health department.

The presumption of access is strong but not absolute. Roughly 90% of New Jersey divorces proceed on irreconcilable differences under N.J.S.A. 2A:34-2(i), and those routine, uncontested files carry the least sensitive information. Contested cases with financial disclosures, custody disputes, or allegations of abuse trigger far more redaction and, in some situations, full sealing under the good-cause standard discussed later in this guide.

What Divorce Records Are Actually Public?

The public portion of a New Jersey divorce record includes docket-level case data: the names of the divorced couple, their attorneys of record, the case or docket number, the grounds for divorce, motion dispositions, a list of documents filed, proceeding dates, and the current status of the case. This information is available for public viewing through the Family Automated Case Tracking System (FACTS), the judiciary's case management database for dissolution matters.

Not everything in the case file is freely browsable, however. When someone accesses divorce records through FACTS, they see case-tracking information rather than the full text of every pleading and financial document. Under N.J.S.A. 47:1A-5 of the Open Public Records Act, personal identifiers are redacted before release. Redacted items include Social Security numbers, phone numbers, credit card numbers, driver's license numbers, and the identities of minor children and domestic violence victims. A 2022 amendment to Rule 1:38-3 also excluded settlement agreements incorporated into dissolution judgments from public access, protecting the detailed personal and financial terms couples negotiate.

This two-tier design matters for anyone conducting a divorce records search. The fact that a divorce occurred is public. The intimate financial and personal details inside a marital settlement agreement generally are not. If you are researching a public divorce filing, expect to confirm the parties, dates, and outcome, but not the private terms of how assets were split or how much support was ordered.

Who Can Get a Certified Copy of a New Jersey Divorce Record?

Certified copies of New Jersey divorce records are restricted to the divorced parties, their attorneys of record, and persons directly related to them. A party requesting a certified copy must present a valid state-issued ID. Anyone who is not a party or attorney of record must obtain a court order directing the clerk to release the documents. This restriction applies even though basic case data remains publicly viewable through FACTS.

The distinction between viewing records and obtaining a certified copy is central to how divorce records privacy works in New Jersey. A certified copy is an official, authenticated version of the Judgment of Divorce, often required to remarry, change a name, update Social Security records, refinance a mortgage, or resolve immigration matters. Because certified copies carry legal weight and contain more detail than the FACTS summary screen, the judiciary limits who can request them. The Superior Court Clerk's Office in Trenton archives closed divorce cases, and the number of years between case closure and transfer to the archive varies by county, which affects where you send a certified copy request.

To request a certified copy, contact the Superior Court Clerk's Office or the Family Division of the county where the divorce was granted. Bring valid identification, the docket number if you have it, and the applicable copy fee. If you are a third party without a direct relationship to the case, plan to file a motion and obtain a court order first, because the clerk cannot lawfully release the certified record to you otherwise.

How to Search New Jersey Divorce Records Through FACTS

A divorce records search in New Jersey runs through the Family Automated Case Tracking System (FACTS) under the judiciary's Electronic Access Program. Remote access costs $1 per minute, and subscribers can read data from only one screen page at a time. To search, you need either a case or docket number or the full names of the divorced parties. Enrollment requires submitting a completed form to the eCourts team at the Superior Court Clerk's Office.

FACTS is the primary public gateway for divorce filings in New Jersey, and its structure shapes how efficiently you can search. Because the system charges $1 per minute for remote sessions and displays one page at a time, experienced searchers gather their information first: the correct spelling of both parties' names, an approximate filing year, and the county of filing. Knowing the docket number dramatically reduces search time and cost. The records available through this program are labeled for informational purposes only, meaning they confirm case data but are not a substitute for a certified copy when you need an official document.

Members of the public who prefer not to pay per-minute remote fees can visit the courthouse in the county where the divorce was filed and view records at a public terminal or request assistance from the clerk. In-person access is often more practical for a single case lookup, while the remote Electronic Access Program suits professionals such as title searchers, journalists, or genealogists who need repeated access. Either way, remember that FACTS shows the public divorce filing summary, not the sealed or redacted contents.

Can You Seal Divorce Records in New Jersey?

You can seal divorce records in New Jersey, but the standard is demanding. Under the good-cause test in Rule 1:38-11, a moving party must prove by a preponderance of the evidence that disclosure will likely cause a clearly defined and serious injury, and that the interest in privacy substantially outweighs the presumption of public access. Sealing is harder to obtain than redaction, which conceals only specific sensitive fields rather than the entire record.

Most New Jersey divorce records are never sealed. The court will seal a record only when private interests clearly outweigh the public's right of access. To seek sealing, a party files a motion in the divorce case, and the motion may be filed on short notice. The documents proposed for sealing should not be submitted with the motion unless a prior order already authorizes it. Courts weigh two factors: whether disclosure will cause a clearly defined and serious injury, and whether the privacy interest substantially outweighs the strong presumption that court records are open. A record already sealed can later be unsealed on motion by any person, with the party favoring continued secrecy bearing the burden of proving good cause still exists.

Courts take safety seriously when applying this standard. In one published Appellate Division decision, a spouse who documented a history of domestic violence was entitled to have the record sealed, and the trial court's refusal to seal was reversed as an abuse of discretion. This illustrates that while a general desire for privacy rarely justifies sealing, a demonstrated safety risk can meet the good-cause threshold. If you want to seal divorce records for reasons short of danger, expect the court to deny broad requests and instead rely on the automatic redactions OPRA already provides.

Redaction vs. Sealing: What Is the Difference?

Redaction and sealing are two distinct privacy tools in New Jersey divorce records. Redaction automatically removes specific sensitive data, such as Social Security numbers and driver's license numbers, under N.J.S.A. 47:1A-5, while leaving the rest of the record public. Sealing, governed by Rule 1:38-11's good-cause test, hides an entire record or document from public inspection and requires a court order granted only on a strong evidentiary showing.

Understanding this distinction saves time and money for anyone worried about divorce records privacy. Redaction happens by operation of law: you do not need to file a motion for the court to strip out identifiers like account numbers, minors' names, or a domestic violence victim's identity before a record is released to the public. Sealing, by contrast, is discretionary and adversarial. It requires a formal motion, notice, and proof that disclosure would cause a clearly defined and serious injury outweighing the presumption of openness. Because both spouses' cooperation and a serious injury showing are typically needed, sealing succeeds far less often than filers expect.

For most divorcing couples, the automatic redactions plus the 2022 rule excluding settlement agreements from public access provide meaningful protection without any extra filing. The detailed financial terms negotiated in a marital settlement agreement incorporated into the judgment are generally shielded, while the public record confirms only that the divorce occurred. If sensitive information such as a home address or a business valuation still concerns you, ask your attorney whether a targeted redaction request or a narrowly tailored sealing motion is appropriate for your specific documents.

Why New Jersey Stores Divorce Records at the Superior Court

New Jersey stores divorce records at the Superior Court, Chancery Division, Family Part, rather than in a Vital Records department. Divorce cases, termed "dissolution cases," are filed and heard at the county level, and once a Judgment of Divorce is issued, the case closes and is archived by the Superior Court Clerk's Office in Trenton. This differs from most states, which treat divorce as a vital record alongside birth and death certificates.

This administrative structure has practical consequences for where and how you obtain records. Because New Jersey does not classify divorce as a vital record, you cannot order a divorce certificate the way you order a birth certificate from a state health office. Instead, you work through the court system: FACTS for public case data, and the Superior Court Clerk or county Family Division for certified copies. The transfer timeline from an active county file to the Trenton archive varies from county to county, so a recently finalized divorce may still be held locally while an older case sits in the central warehouse.

The residency and grounds framework also shapes what appears in these court-held records. At least one spouse must have been a bona fide New Jersey resident for 12 consecutive months before filing under N.J.S.A. 2A:34-10, with a narrow exception for adultery cases. The grounds cited under N.J.S.A. 2A:34-2, most commonly irreconcilable differences requiring a six-month breakdown, become part of the public docket. Property is divided by equitable distribution under N.J.S.A. 2A:34-23.1, and the fact of the judgment is public even though the detailed distribution terms in an incorporated settlement agreement are not.