Can you file a motion to seal records in a divorce case even though actions under the family code are not “court records”?

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Can you file a motion to seal records in a divorce case even though actions under the family code are not “court records”?

Asked on July 8, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is one of those questions are really best asked to an attorney in your area, as the court's procedural laws and what exceptions that may be carved from case law are best known to lawyers in Texas.  Be that as it may, there must be a procedure for sealing a record if the reasons for the request are compelling.  In New York, though, divorce matters are generally sealed and only the parties to the proceedings or their attorneys can get access to the matter. If you believe that maybe your children would be harmed by information that comes out in a proceeding then by al means, make the motion.  Good luck.


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