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Cullman County Courts | Probate Court
Note: No image of the marriage licenses is visible due to the private nature of the information. However, the date, time, instrument number and name of parties is visible. Divorce Records.
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When a court files divorce records under seal , confidential or sensitive information within those records remains private and doesn't become a matter of public record. Courts can order entire records or portions of them to be filed under seal.
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Courts don't take it upon themselves to file records pertaining to divorce under seal. Parties in a divorce must request that the court seal them.
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It will be up to the judge to decide whether or not to grant a motion to seal. To make this decision, courts weigh whether the damage to the party asking for privacy from public disclosure would outweigh the presumption that court records are open to public scrutiny, and whether the request to seal is narrowly tailored. Other requests to seal records of a divorce might seek to prevent exposure of false allegations which could libelously damage one's reputation.
Gov. Robert Bentley's unsealed divorce records show property division, financial terms
The exposure of merely embarrassing information, however, may not cause the type of harm courts require to seal court records from the public. Public benefits of open records include transparency into court proceedings. Through access to court records, the public maintains its ability to see what happens in public courts, as well as what information drives a courts decision.
Someone asking to seal divorce records must show that the damage they would suffer if the records in question were public outweighs the public's right to open court records. In addition to involving an important potential injury, a request to seal divorce records must be narrowly tailored and not seek to seal off more information than necessary.