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Are Macomb County Divorce Records Public?
Macomb County divorce records are classified as public information under the Michigan Freedom of Information Act. The act permits public access to records with certain exceptions and allows custodians to charge fees for copying such records. Record seekers may obtain Macomb County divorce records from the county Register of Deeds and the Michigan State Vital Records Department. Although divorce records are generally considered public, privacy and security concerns may lead to certain parts of the divorce record being restricted or the entire record being sealed.
Who Can Access Macomb County Public Records?
Divorce records are considered public information but access to certain information may be restricted due to privacy laws. The categories and entities allowed to access Macomb County divorce records include the following.
- The divorced couple who are the subject of the record has full access to the record including any confidential information.
- Attorneys and legal representatives of the coup may access divorce records for legal purposes including handling appeals, enforcement, and modification of the agreements within the record.
- The General public is permitted to access public divorce records information such as the names, case numbers, and dates linked to the divorce.
- Government agencies such as the state health department and child support services may require a divorce record to enforce instructions concerning children affected by the divorce. Immigration services and law enforcement agencies may also use divorce records during investigations and background checks.
- Immediate family and close relatives such as parents and children of the subjects of the record may access full records if they provide proper identification and show tangible interest in the record.
- Researchers and journalists may access divorce records for academic or investigative research.
Although divorce records are typically public, full records containing restricted information can only be accessed by the parties to the divorce and their legal representatives. Immediate family and other requesters will need to show eligibility by providing proper authorization and identification. Requesters may also acquire a court order permitting them to access the record.
Do I Need to State My Purpose and Use When Requesting Divorce Records in Macomb County?
No, Generally requesters may not need to state their purpose or intended use when trying to access Macomb County divorce records; these are public records. However, there are a few exceptions. Record seekers may need to provide a reason if the record has been sealed by a court that requires a court order to authorize access. Requesting certified copies of certain divorce records may require filling out forms and other documentation and the form may ask for a reason to ensure the request is fulfilled properly.
Some legitimate reasons for requesting divorce records include legal purposes such as immigration, estate or inheritance management, personal records, and genealogical research. Basic divorce records may cover many requests but some may require a more comprehensive record.
How do you Request Divorce Records in Macomb County?
Macomb County divorce records may be requested from the Macomb County Clerk/Register of Deeds. Requests can be made in person, by mail, fax, or online. To request a divorce record (divorce judgment) from the county clerk, record seekers may visit the clerk's office in person at:
Macomb County Clerk/Register of Deeds
40 North Main Street,
Mount Clemens, MI 48043
Mailed and faxed requests can be made by downloading and filling out the Macomb County Clerk’s Office Court Documents Order Form. The complete form can be faxed to (586) 469-5365, emailed to fileroom@macombgov.org, or mailed to the clerk’s office at:
Macomb County Clerk’s Office
Attn: File Room,
40 North Main Street,
Mount Clemens, MI 48043
Macomb County records may also be requested online by filling out the online Court File Records Request and clicking submit. Divorce records for Macomb County may also be searched online using the Public Access CourtView system.
Payment is made in cash, cashier’s checks, money orders, and credit or debit cards.
On the state level, Macomb County divorce records can also be obtained from the State of Michigan Vital Records Department. Divorce records can be ordered by mail, by coming to the office in person, and using the dropbox at the office.
What Information is Included in a Macomb County Divorce Record?
The information containing a Macomb County divorce record may differ depending on what type of divorce record is obtained.
A divorce decree or divorce judgment is the final ruling of the court when it dissolves a marriage. It typically contains the full names of the divorced parties, details of the judgments such as property division, child custody arrangement, visitation rights, child or spousal support details, and any notes from the judge. It will also contain the final judgment of the court ending the marriage.
A divorce certificate contains basic information about the divorce such as the names of both parties, the date of the divorce, and the location of the court that granted it.
A divorce case file will generally contain complete documentation of the divorce proceedings. It will contain petitions, affidavits, and motions. It will also contain financial documents, child custody, information, and records of legal arguments made during the case.
The divorce certificate is typically the record provided to the general public. This is mainly because information such as child custody information and financial details are sensitive information that is restricted by public record laws.
Fees for Accessing Macomb County Divorce Records
Macomb County divorce records cost $2 per page for regular copies. Certified and authenticated copies will cost an additional $10 per document. Faxed copies will cost $2 per page plus a $10 processing fee. Expedited requests from the clerk's office will cost $30 per request.
Payment can be made in cash for the exact amount and credit or debit cards during in-person requests. Checks and money orders for the correct amount may be included in the request form during mailed requests. The Order Information section of the request form may be filled in with credit card details and submitted with the request.
For information about fee exemptions and waivers, record seekers may contact the clerk’s office by calling (586) 469-5120 or emailing clerksoffice@macombgov.org.
How Long Does It Take to Obtain Divorce Records in Macomb County?
The time taken to obtain Macomb County divorce records usually depends on the method of request, the type of request, and the volume of the record. In-person requests will typically be completed on the same day while the requester waits. Mailed requests from the clerk’s office may take 2 to 3 business days depending on the requester's location. If a requester opts for expedited service, the office will endeavor to process the record as soon as it is received and send it immediately by fax or overnight delivery depending on the requester’s choice, Expedited services cost $30 in addition to the copy fees.
Can I Request Divorce Records Online in Macomb County?
Macomb County divorce records can be requested online via two options available on the county clerk’s website. Record seekers may search for and view divorce records and other court records using the Public Access CourtView system. They can also request divorce judgments online by filling out and submitting the online Court File Records Request.
Another option for obtaining Macomb County divorce records is third-party sites such as Michigancourtrecords.us. This site offers users a convenient way to look up court records online from the comfort of their home on any smart device. It should be noted that such sites are not affiliated with the county or its agencies so the records they supply may not be accurate or up-to-date,
Are There Any Exceptions to Accessing Macomb County Divorce Records?
Yes, there are exceptions when accessing Macomb County divorce records. Although divorce records are generally considered public records, the general public will typically access basic divorce information such as the names of the divorced couple with the date and location of the divorce. More comprehensive divorce records may be restricted or sealed from public view because they contain sensitive information. Records containing private information such as financial details or information concerning minors may be sealed by a court. Records involved with ongoing investigations, containing evidence of abuse or protective orders may also be restricted from public access. To request sealed records, requesters must show a tangible interest in the record and obtain a court order authorizing the release of the record.
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