Two kinds of court cases make a person write down, under oath, what they earn, what they own and where they keep it: a divorce and a bankruptcy. No other public record comes close. A deed shows one house. A UCC filing shows one loan. A divorce file or a bankruptcy file can show the employer, the pay, the bank, the retirement plan, the vehicles and the debts on a few pages, because the court required the disclosure and the court keeps the paper. This section explains what those two files contain, who is allowed to read them, how to get them, and how the rules change from state to state.
Why these two files are different from every other public record
Most public records are made by third parties. A county recorder indexes a deed because a title company recorded it. A Secretary of State lists a company because someone paid a filing fee. Neither record asks the person anything. A divorce case and a bankruptcy case work the other way around. The person is a party, the court has power over the person, and the rules of the court require a sworn statement of finances before the judge will divide property, set support or discharge debt. The statement is signed under penalty of perjury, and in most of the country the file it sits in is a court record open to anyone who asks for it at the clerk's counter.
Federal bankruptcy law says it plainly. Under 11 U.S.C. 107(a), a paper filed in a bankruptcy case and the dockets of a bankruptcy court are public records and open to examination by an entity at reasonable times without charge. Divorce is state law, and the states split three ways, which is covered below.
Key Takeaway: A sworn financial statement in a court file is a map, not a balance sheet. It shows which bank, which employer, which plan and which property existed on the day it was signed. Whether the money is still there, and whether it can be reached, is a separate question answered by a levy, a garnishment or a debtor examination.
What a divorce file contains
The names of the forms change from state to state, but almost every contested divorce file holds the same layers of information.
The petition or complaint. Names of both spouses, the date of marriage and separation, the children, and in many states a first list of the property each side claims.
The sworn financial statement. Called a financial affidavit, an income and expense declaration, a sworn financial statement, a case information statement, a financial declaration or a statement of net worth. It lists the employer, gross pay, other income, monthly expenses, bank and brokerage accounts, retirement accounts, vehicles, real estate and debts. Pay stubs and tax returns are often attached or filed alongside it.
The inventory or property and debt listing. Some states require a separate sworn inventory of marital and separate property with values.
The settlement or separation agreement. When the spouses settle, the agreement says who keeps which account, which car, the house, the business and the retirement plan, and it is usually incorporated into the judgment.
The decree or judgment. The order dividing property and debt, awarding support and naming the plans and accounts affected.
Support orders and wage withholding orders. These carry income findings and the employer who will deduct the support.
Qualified domestic relations orders. A QDRO names the retirement plan, the plan administrator and the share awarded to the former spouse.
Three kinds of states
Every state keeps the divorce decree as a court record, and every state lets a party ask the judge to seal something. The real difference is what a stranger to the case can read without a court order.
Open file, open financial statement. The whole file, including the sworn financial affidavit, is a public court record unless a judge seals it on motion. Florida, Kansas, Nebraska, Virginia and Oregon work this way, as does Missouri for cases filed since August 28, 2009, and so do several others. Iowa joins them once the decree is entered, but its file is closed until then, and the court must seal a financial statement on any motion that no other party opposes. In Georgia and Texas the sworn form is served on the other side and reaches the clerk's file only when a party files it or hands it to the court at a hearing.
Open file, confidential financial statement. The case is public, the decree is public, but the sworn money form and often its attachments are closed to non-parties by rule or statute. New Jersey, Massachusetts, Maryland, Connecticut, Rhode Island, Colorado, Michigan, Ohio, Wisconsin, Pennsylvania, Nevada, New Hampshire, Maine, Vermont, North Dakota and Wyoming are in this group, each with its own rule or statute, several others close only the attached pay stubs, tax returns and bank statements while the form itself stays open, and a further group, Arkansas, Mississippi, California and New Mexico among them, keeps the fullest money form out of the file by having it served on the other spouse rather than filed. In these states the asset detail usually survives in the decree, the settlement agreement and the QDRO.
Closed file. Only the parties and their attorneys may read the papers without a court order. New York closes every matrimonial file by statute for 100 years. West Virginia family court files are closed except for the orders and the index. Utah classifies divorce case records as private except the case history, judgments, orders and decrees. Idaho closes the file when child custody or support is involved. Delaware's Family Court rule opens its records only to the parties, their attorneys, other courts and agencies, and persons the court approves.
The table below places each state in one of those groups and names the sworn money form it uses. Each state name links to that state's asset search page, which explains the rule, the form, the online search and the court that keeps the file.
| State | Divorce file | Sworn money form |
|---|
| Alabama | Open | Filed of record, financial information withheld under Rule 202 |
| Alaska | Open | Public; property worksheets served, not filed |
| Arizona | Open | Filed, clerk may treat as confidential, asset inventory served, not filed |
| Arkansas | Open, with Administrative Order 19 exclusions | Notarized affidavit exchanged and supplied to the court, not filed in the court file |
| California | Open at the courthouse, no remote access to documents | Public; asset schedule served, not filed |
| Colorado | Open | Suppressed, with separation agreements and QDROs |
| Connecticut | Open unless sealed | Filed, sealed automatically until a hearing on disputed financial issues |
| Delaware | Records Room review by parties, attorneys and persons the court approves, hearings private | Filed only when property or alimony is sought after the decree |
| District of Columbia | Open | No standard form, ordered disclosures served, public if filed unless sealed |
| Florida | Open | Public when filed, unless conditionally sealed under Rule 12.400(d) |
| Georgia | Open | Served, original submitted at the hearing, sealed only on good cause |
| Hawaii | Open | Public |
| Idaho | Open; cases with children closed since July 2012 | Disclosures not filed, income affidavit filed in child support cases, closed since July 2012 |
| Illinois | Open at the courthouse, no remote public access | Served; filed and impounded or public by circuit |
| Indiana | Open | No statewide form; local declarations public |
| Iowa | Closed until the decree, then open | Public |
| Kansas | Open | Public; sealed only after a hearing |
| Kentucky | Open | Public when filed; disclosures served |
| Louisiana | Open | Public |
| Maine | Open at the courthouse only | Confidential |
| Maryland | Open | Confidential |
| Massachusetts | Open | Impounded |
| Michigan | Open | Confidential; served, not filed |
| Minnesota | Open | Public; source documents non-public |
| Mississippi | Open unless sealed | Rule 8.05 statement exchanged between the parties, only a certificate of compliance is filed |
| Missouri | Open for cases filed since August 28, 2009 | Public |
| Montana | Open | Income form served, not filed; property form public |
| Nebraska | Open | Public when filed |
| Nevada | Open | Confidential |
| New Hampshire | Open | Confidential |
| New Jersey | Open | Confidential, with incorporated settlement agreements |
| New Mexico | Open | Served, not filed |
| New York | Closed for 100 years | Closed |
| North Carolina | Open | Public where filed |
| North Dakota | Open | Confidential property and debt listing |
| Ohio | Open | Confidential |
| Oklahoma | Open | Statewide AOC financial affidavit, public unless sealed |
| Oregon | Open | Public income form; asset records exchanged, not filed |
| Pennsylvania | Open | Confidential, with settlement agreements |
| Rhode Island | Open | Non-public by court rule |
| South Carolina | Open | Public |
| South Dakota | Open | Financial documents confidential |
| Tennessee | Open | Public, by local rule, subject to protective orders |
| Texas | Open | Sworn inventory, public if filed |
| Utah | Private except the case history, judgments, orders and decrees | Private |
| Vermont | Open at the courthouse; no remote family access | Confidential |
| Virginia | Open | No statewide form; filings public |
| Washington | Open | Public; source documents sealed |
| West Virginia | Orders and index only | Confidential |
| Wisconsin | Open | Confidential by statute |
| Wyoming | Open at the courthouse only | Confidential affidavit with income and a short asset list, asset disclosures not filed |
Where the money shows even when the statement is sealed
A confidential financial affidavit does not empty the file. The judgment that divides the property has to describe the property. A settlement agreement incorporated into the judgment names the accounts that were split and the institution that holds them. A QDRO names the plan. A wage withholding order names the employer. A motion for support states the income it is based on. Even in states that suppress the sworn statement, these documents are ordinarily public, and the register of actions shows every filing by title and date so a researcher knows exactly which document to ask for.
What a bankruptcy file contains
Bankruptcy is federal, so the forms and the access rules are the same in every state. An individual debtor must file, within days of the petition, the schedules and statements listed in 11 U.S.C. 521(a)(1)(B): a schedule of assets and liabilities, a schedule of current income and current expenditures, a statement of financial affairs, and copies of all payment advices received within 60 days before the filing. The Official Forms are the same nationwide.
Schedule A/B: Property (Official Form 106A/B). Part 1 covers each residence, building, land or other real estate the debtor owns or has an interest in. Part 2 covers vehicles. Part 4 covers financial assets: cash on hand, and under item 17 every deposit of money by type, checking account, savings account, certificates of deposit and other financial account, with the instruction that multiple accounts at the same institution are listed one by one.
Schedule I: Your Income (Official Form 106I). Employment status, occupation, employer's name, employer's address, how long employed there, monthly gross wages, salary and commissions, overtime, payroll deductions, business and rental income, interest and dividends, support received, unemployment, Social Security, other government assistance and pension or retirement income.
Schedule J: Your Expenses (Official Form 106J). Rent or mortgage, utilities, food, childcare, clothing, transportation, insurance, taxes, installment and vehicle payments and support paid.
Schedules D and E/F: creditors. Every secured and unsecured creditor by name and address, the last four digits of the account number, when the debt was incurred and the amount claimed.
Statement of Financial Affairs (Official Form 107). Income from employment or a business this year and the two previous calendar years, other income, payments and transfers made before filing, financial accounts closed, sold, moved or transferred within one year with the institution name, the last four digits and the account type, safe deposit boxes, storage units and property held for someone else.
Some things are kept out of the public file on purpose. Federal Rule of Bankruptcy Procedure 9037(a) limits filings to the last four digits of a Social Security or taxpayer identification number, the year of birth, a minor's initials and the last four digits of a financial account number. The debtor's federal tax return goes to the trustee under 11 U.S.C. 521(e)(2)(A), not into the court file. And under 11 U.S.C. 343 the debtor appears and submits to examination under oath at the meeting of creditors, where any creditor may ask questions. That meeting is not transcribed into the file, but a creditor who attends can ask about the accounts and the employer directly.
How to get the files
Divorce files. The file lives with the clerk of the court that granted the divorce, in the county where it was filed. Most states run a statewide case index online that shows the party names, the case number and the list of filings, but only a minority let the public open the documents themselves from home. In many states family case documents are viewable only on a public terminal at the courthouse, or by ordering copies from the clerk at a per page fee. The state pages linked above say which applies.
Bankruptcy files. Every bankruptcy court uses the same system. PACER charges $0.10 per page, never more than $3 for one document, and waives the quarter's fees entirely when the account spends $30 or less in that quarter. The PACER Case Locator searches every bankruptcy court at once by name when the district is unknown and is updated once a day. Electronic and paper records can be viewed at the courthouse for free, with a 10 cents per page charge only to print from the public terminal. Every bankruptcy court also runs a free Voice Case Information System, a telephone line that gives basic case information around the clock.
Sealing: what a party can do and what stays visible
In an open state a spouse who wants the money forms kept from the public must ask the judge. The motion is decided under the state's sealing rule, and the standards are demanding: an overriding interest in California and clear and convincing evidence in Indiana and Alabama. Nevada and Massachusetts close the money form without any motion and apply their own tests to other documents, a compelling interest that outweighs public access in Nevada and good cause after a hearing in Massachusetts. A sealed document still appears on the register of actions by title and date, and the decree and judgment stay public in almost every state even when the rest is sealed. In the confidential statement states no motion is needed for the form itself, because the rule already closes it. In New York the whole matrimonial file is closed by Domestic Relations Law 235 without any motion at all.
How a judgment creditor uses what the file shows
The practical value of these files is that they turn guesswork into a target. A bank named in a divorce settlement or on a bankruptcy Schedule A/B is a bank that can be served with a levy or garnishment under the state's enforcement procedure. An employer named on Schedule I or in a support order is an employer that can be served with a wage garnishment. A retirement plan named in a QDRO is usually protected from creditors, which tells the creditor where not to spend money. Real estate and vehicles listed under oath can be checked against the recorder and the motor vehicle agency. Because the statement is a snapshot, the next step after reading it is the state's debtor examination or information subpoena, which compels the debtor to update the picture under oath. The judgments and liens page for each state explains that procedure.
Common Mistake: treating an online case index as the file. Most state portals show that a financial affidavit was filed on a certain date and nothing more. The document itself is at the courthouse.
Common Mistake: giving up when the financial affidavit is confidential. The decree, the settlement agreement and the QDRO are usually still public and usually still name the institutions.
Common Mistake: expecting full account numbers in a bankruptcy file. Rule 9037 cuts every account to its last four digits. The institution name is what the file gives.
Common Mistake: levying on a balance from a three year old affidavit. The account may be closed or empty. The statement proves the relationship with the bank, not the money in it today.
These are court records that the public may read under the statutes and rules cited on each state page. Reading them is lawful. Using what they show for credit, employment, insurance or housing decisions brings the Fair Credit Reporting Act into play, and a sealing order must be respected to the letter. Nothing on this page is legal advice.
Official sources used in this section