Santa Clara County Divorce Records
What Are Santa Clara County Divorce Records?
Santa Clara County divorce records are official legal documents maintained by the Superior Court of California, County of Santa Clara that document the dissolution of marriage within the county's jurisdiction. These records are created and maintained pursuant to California Family Code § 2300, which establishes that a marriage is dissolved when a judgment of dissolution is entered. The records consist of all documents filed during divorce proceedings, including petitions, responses, financial disclosures, and final judgments.
Divorce records serve multiple important functions:
- Legal proof of marital status change
- Documentation required for remarriage
- Evidence for name change processes
- Verification for Social Security benefits claims
- Supporting documentation for loan applications
- Required evidence for immigration matters
- Historical documentation for genealogical research
The Superior Court of Santa Clara County maintains these records as part of its Family Division operations. Divorce records typically include multiple document types that collectively constitute the complete case file for a dissolution of marriage proceeding.
Are Santa Clara County Divorce Records Public?
Santa Clara County divorce records have a dual status regarding public accessibility. Court divorce case files are generally available for public inspection under the California Public Records Act, but with significant exceptions and limitations.
The public accessibility status breaks down as follows:
-
Court divorce case files: Generally accessible to the public with certain exceptions. Pursuant to California Family Code § 2024.6, financial disclosures and certain sensitive information may be sealed or redacted from public view.
-
Certified divorce certificates: Access is restricted to parties named in the divorce and persons with a direct interest as defined by California Health and Safety Code § 103526.
Information that may be redacted or sealed from public divorce records includes:
- Social Security numbers
- Financial account numbers
- Driver's license numbers
- Minor children's identifying information
- Allegations of domestic violence
- Medical and mental health information
- Information sealed by court order
Members of the public seeking to view divorce records must adhere to established court procedures and may be required to submit identification when requesting access to these documents.
How To Find a Divorce Record In Santa Clara County in 2026
Members of the public may locate divorce records in Santa Clara County through several established channels. The primary methods for obtaining these records are:
In-Person Requests at the Family Justice Center Courthouse
Superior Court of California, County of Santa Clara - Family Justice Center Courthouse
201 North First Street
San Jose, CA 95113
408-882-2100
Superior Court of Santa Clara County
Steps for in-person requests:
- Visit the Family Justice Center Courthouse during regular business hours (Monday-Friday, 8:30 AM - 3:00 PM)
- Complete a records request form at the clerk's office
- Provide the case number if known, or names of both parties and approximate date of divorce
- Present valid government-issued photo identification
- Pay applicable fees ($0.50 per page for copies, $40.00 for certification of documents)
By Mail Requests
To request divorce records by mail:
- Download and complete the Records Request Form from the court website
- Include a self-addressed stamped envelope
- Provide a check or money order for applicable fees
- Mail the request to the Family Justice Center Courthouse address
California Department of Public Health Vital Records
For certified copies of divorce certificates (not full case files):
California Department of Public Health - Vital Records
MS 5103
P.O. Box 997410
Sacramento, CA 95899-7410
916-445-2684
California Department of Public Health
Requestors must provide the names of both parties, the county where the divorce was granted, and the approximate date of divorce when submitting requests through any of these channels.
How To Look Up Divorce Records in Santa Clara County Online?
Santa Clara County provides limited online access to divorce record information through the court's electronic case information system. The Case Information Online portal allows users to search for basic case information, though complete documents are not available for download.
To search for divorce records online:
- Visit the Superior Court of Santa Clara County website
- Navigate to "Online Services" and select "Case Information Online"
- Select "Family Law Case Information" from the available options
- Enter search criteria (at least one of the following):
- Case number (if known)
- Party name (last name, first name)
- Filing date range (if known)
- Review the search results, which typically include:
- Case number
- Filing date
- Case type
- Party names
- Case status
- Hearing dates (if scheduled)
Important limitations of online searches:
- Complete case documents are not available for download
- Only basic case information is displayed
- Cases filed before 2000 may have limited online information
- Confidential or sealed cases will not appear in search results
- A convenience fee of $1.00 per search may apply
For comprehensive divorce record information, including actual documents, requestors must still visit the courthouse in person or submit requests by mail as detailed in the previous section.
How To Find Divorce Records for Free In Santa Clara County?
Members of the public may access certain divorce record information in Santa Clara County without payment through several methods, though some limitations apply:
Public Access Terminals at the Courthouse
Superior Court of California, County of Santa Clara - Family Justice Center Courthouse
201 North First Street
San Jose, CA 95113
408-882-2100
Superior Court of Santa Clara County
- Public access terminals are available during regular business hours (Monday-Friday, 8:30 AM - 3:00 PM)
- No fee is charged for viewing records on these terminals
- Users may search by party name or case number
- Printing from terminals incurs standard copy fees ($0.50 per page)
Law Library Access
Santa Clara County Law Library
360 North First Street
San Jose, CA 95113
408-299-3568
Santa Clara County Law Library
- Public access computers with court record search capabilities
- Reference librarians can assist with locating case information
- No fee for viewing information on library computers
- Printing fees apply for any documents
Limited Online Case Information
Basic case information can be viewed online through the court's Case Information Online system for a nominal fee of $1.00 per search. While not entirely free, this represents the most cost-effective remote option.
It is important to note that while viewing basic case information may be available without charge, obtaining copies of actual documents will always incur fees as established by the court fee schedule.
What's Included in a Divorce Records In Santa Clara County
Divorce records in Santa Clara County comprise a comprehensive collection of documents that chronicle the entire dissolution process. These records typically contain the following components:
Initial Filing Documents
- Petition for Dissolution of Marriage (Form FL-100)
- Summons (Form FL-110)
- Property Declaration forms (if applicable)
- UCCJEA Declaration (Form FL-105) for cases involving children
Financial Disclosure Documents
- Schedule of Assets and Debts (Form FL-142)
- Income and Expense Declaration (Form FL-150)
- Tax returns (may be referenced but not always included in public file)
- Preliminary and Final Declarations of Disclosure
Response Documents
- Response to Petition (Form FL-120)
- Respondent's financial disclosures
- Counter-petitions (if filed)
Court Orders and Judgments
- Temporary orders regarding custody, support, or property
- Minute orders from court appearances
- Judgment of Dissolution (Form FL-180)
- Marital Settlement Agreement (if reached)
- Child Custody and Visitation Order (Form FL-341)
- Child Support Information and Order Attachment (Form FL-342)
- Spousal Support Order Attachment (Form FL-343)
- Property Order Attachment (Form FL-345)
Procedural Documents
- Proof of Service forms
- Case Management Conference statements
- Declarations and exhibits
- Motions and responses
- Court reporter transcripts (if ordered)
The Family Division of the Superior Court maintains these records in accordance with California court rules and retention schedules. Certain sensitive information may be redacted or sealed from public view pursuant to court rules and privacy statutes.
How To Get Proof of Divorce In Santa Clara County?
Individuals seeking official proof of divorce in Santa Clara County have two primary options for obtaining certified documentation:
Certified Copies of Judgment from Superior Court
Superior Court of California, County of Santa Clara - Family Justice Center Courthouse
201 North First Street
San Jose, CA 95113
408-882-2100
Superior Court of Santa Clara County
To obtain a certified copy of divorce judgment:
- Visit the Family Justice Center Courthouse during business hours (Monday-Friday, 8:30 AM - 3:00 PM)
- Complete a records request form at the clerk's office
- Provide the case number or names of both parties and approximate divorce date
- Present valid government-issued photo identification
- Pay the certification fee ($40.00 per document)
Mail requests are also accepted by sending:
- Completed records request form
- Check or money order for applicable fees
- Self-addressed stamped envelope
- Copy of government-issued ID
Certificate of Record from California Department of Public Health
For a Certificate of Record (official document verifying divorce occurred):
California Department of Public Health - Vital Records
MS 5103
P.O. Box 997410
Sacramento, CA 95899-7410
916-445-2684
California Department of Public Health
To request a Certificate of Record:
- Complete the Application for Certified Copy of Record
- Include a notarized sworn statement (for authorized individuals)
- Provide a check or money order for the current fee
- Submit request by mail to the address above
The Certificate of Record confirms the fact of divorce but does not contain the terms of the divorce judgment. For complete divorce terms, the certified judgment from the Superior Court is required.
Can a Divorce Be Confidential In Santa Clara County?
Under certain circumstances, divorce proceedings and records may be confidential or sealed in Santa Clara County. The confidentiality of divorce records is governed by California Rules of Court, Rule 2.550, which establishes the standards for sealing court records.
Circumstances Where Confidentiality May Apply:
-
Automatic Confidentiality:
- Financial disclosures and tax returns filed pursuant to Family Code § 2104
- Records containing minors' identifying information
- Domestic violence restraining order applications before hearing
- Paternity actions (in some circumstances)
-
Court-Ordered Confidentiality:
- Information that would create risk of harm if disclosed
- Trade secrets or proprietary business information
- Medical or mental health information
- Information sealed by court order upon showing of good cause
Process for Requesting Confidentiality:
Parties seeking to seal divorce records must:
- File a motion with the court requesting sealing of specific documents
- Demonstrate that there is an overriding interest supporting sealing
- Show a substantial probability of prejudice if the records remain public
- Narrowly tailor the sealing request to include only necessary documents
- Demonstrate no less restrictive means exist to protect the privacy interest
The court must make express findings stating the facts that support the sealing order. Even when records are sealed, certain court personnel, parties to the case, and their attorneys maintain access to the information.
It is important to note that while specific documents may be sealed, the existence of the divorce case itself typically remains a matter of public record, with only the sensitive documents or information protected from public view.
How Long Does a Divorce Take In Santa Clara County?
The duration of divorce proceedings in Santa Clara County varies based on several factors, including case complexity, level of agreement between parties, and court caseload. Under California law, all divorces have a mandatory waiting period established by Family Code § 2339, which prohibits final judgment from being entered until at least six months after service of the petition on the respondent.
Typical Timeframes by Divorce Type:
-
Uncontested Divorce with Agreement (Summary Dissolution)
- Minimum: 6 months from service of petition
- Typical: 6-8 months total
- Requirements: Marriage under 5 years, no children, limited assets/debts, mutual agreement
-
Uncontested Divorce with Settlement Agreement
- Minimum: 6 months from service of petition
- Typical: 8-10 months total
- Factors affecting timeline: Complexity of agreement, attorney review time, court processing
-
Contested Divorce with Eventual Settlement
- Typical: 12-18 months
- Variables: Discovery process duration, negotiation complexity, court scheduling
-
Fully Contested Divorce Requiring Trial
- Typical: 18-24+ months
- Variables: Court congestion, complexity of assets/custody issues, expert witness requirements
According to Santa Clara County Superior Court statistics, approximately 70% of divorce cases reach resolution within 12 months of filing, though complex cases involving significant assets or contested custody matters frequently extend beyond this timeframe.
Factors That May Extend Timeframes:
- High-conflict custody disputes requiring evaluations
- Complex property division requiring forensic accounting
- Business valuation proceedings
- Retirement account division requiring QDROs
- Delays in mandatory disclosure completion
- Court continuances due to calendar congestion
- Settlement conference scheduling
The Family Division of the Superior Court implements case management procedures designed to move cases efficiently through the system while ensuring due process for all parties.
How Long Does Santa Clara County Keep Divorce Records?
Santa Clara County maintains divorce records according to retention schedules established by the Judicial Council of California under Government Code § 68152. These schedules determine how long different types of court records must be preserved.
Retention Periods for Divorce Records:
-
Judgment of Dissolution Documents
- Permanent retention (never destroyed)
- Includes final judgment and marital settlement agreements
- May be transferred to archival storage after 10 years
-
Case Files for Completed Divorces
- Minimum retention: 30 years from date of final disposition
- After 30 years, files may be purged except for judgment documents
- Files may be transferred to microfilm or electronic storage after 10 years
-
Exhibits and Evidence
- Retained for 60 days after final disposition
- May be returned to parties or destroyed after this period
- Parties must request return of exhibits within 60 days
-
Court Reporter Notes and Transcripts
- Retained for 10 years from date of proceedings
- Must be requested and purchased within this timeframe
- After 10 years, notes may be destroyed
Accessing Older Records:
Records that have been archived but not destroyed may require:
- Additional processing time (typically 2-4 weeks)
- Special request forms
- Additional retrieval fees
- Advance scheduling for viewing
For divorce records older than 30 years where only the judgment remains, the California State Archives may maintain copies of these historical records. Very old records (pre-1960) may be available only in microfilm or other archival formats.
How To Get a Divorce In Santa Clara County
Individuals seeking to dissolve a marriage in Santa Clara County must follow established procedures under California law. The process involves several key steps:
1. Determine Eligibility
- At least one spouse must have been a California resident for six months
- At least one spouse must have been a Santa Clara County resident for three months
- These requirements are established by Family Code § 2320
2. Prepare and File Initial Documents
Superior Court of California, County of Santa Clara - Family Justice Center Courthouse
201 North First Street
San Jose, CA 95113
408-882-2100
Superior Court of Santa Clara County
Required initial documents include:
- Petition for Dissolution (Form FL-100)
- Summons (Form FL-110)
- UCCJEA Declaration if children involved (Form FL-105)
- Filing fee ($435) or fee waiver request (FW-001)
3. Serve Documents on Spouse
- The non-filing spouse must be formally served with the petition and summons
- Service must be performed by someone 18 or older who is not a party to the case
- Proof of Service (Form FL-115) must be filed with the court
4. Financial Disclosure Process
- Preliminary Declaration of Disclosure (Form FL-140) with attachments
- Final Declaration of Disclosure (unless waived by both parties)
- Income and Expense Declaration (Form FL-150)
5. Respondent's Options
- File Response (Form FL-120) within 30 days of service (with $435 filing fee)
- Participate without filing response (default with agreement)
- Take no action (true default)
6. Resolution Methods
- Written agreement between parties
- Mediation through Family Court Services
- Settlement conference with judge
- Trial on contested issues
7. Judgment Processing
- Submit Judgment package with appropriate forms
- Wait for court processing (typically 4-12 weeks)
- Receive filed Judgment of Dissolution
The Self-Help Center at the Family Justice Center provides assistance to self-represented litigants, including workshops and form review services.
How To Get Divorce Papers In Santa Clara County
Individuals seeking divorce papers in Santa Clara County have several options for obtaining the necessary forms and documents:
In-Person at the Self-Help Center
Superior Court of California, County of Santa Clara - Self-Help Center
201 North First Street, Family Justice Center
San Jose, CA 95113
408-882-2926
Superior Court Self-Help Center
Services available:
- Free form packets for various divorce situations
- Assistance with form selection
- Review of completed forms
- Procedural information (no legal advice)
- Hours: Monday-Thursday, 8:30 AM - 3:00 PM
Online Resources
Complete divorce form packets can be downloaded from:
- Santa Clara County Superior Court Website - Offers county-specific forms and instructions
- California Courts Self-Help Website - Provides statewide forms with detailed instructions
Legal Aid Organizations
Bay Area Legal Aid - Santa Clara County Office
4 North Second Street, Suite 600
San Jose, CA 95113
408-283-3700
Bay Area Legal Aid
Services for qualifying low-income residents:
- Free divorce packets
- Assistance completing forms
- Limited legal representation in some cases
Law Library Resources
Santa Clara County Law Library
360 North First Street
San Jose, CA 95113
408-299-3568
Santa Clara County Law Library
Resources available:
- Form packets for purchase (nominal fee)
- Reference materials on divorce procedures
- Computer access for downloading forms
- Legal research assistance
All divorce forms must be completed according to court requirements. Incomplete or incorrect forms may be rejected, causing delays in the divorce process. The court recommends having forms reviewed before filing, either through the Self-Help Center or by a qualified legal professional.
Lookup Divorce Records in Santa Clara County
Case Information Online - Superior Court of Santa Clara County
Family Division - Superior Court of California - County of Santa Clara