Marin County Divorce Records
What Are Marin County Divorce Records?
Divorce records in Marin County are official legal documents that provide evidence of the dissolution of a marriage within the jurisdiction. These records are maintained pursuant to California Family Code § 2300, which governs the dissolution of marriage in the state. Divorce records typically consist of various court filings, judgments, and certificates that document the legal termination of a marital relationship.
The Marin County Superior Court maintains divorce records as part of its official court records. These documents serve multiple purposes:
- Legal proof of marital status change
- Documentation required for remarriage
- Evidence for name change processes
- Verification for Social Security benefits
- Supporting documentation for loan applications
- Required evidence for immigration matters
- Historical documentation for genealogical research
Divorce records in Marin County fall into two primary categories:
- Court case files containing pleadings, orders, and judgments
- Certificates of dissolution that summarize the basic facts of the divorce
The Marin County Superior Court processes and maintains these records in accordance with California state law and court procedures.
Are Marin County Divorce Records Public?
Marin County divorce records have a complex public access status that varies by document type and content. Generally, court divorce case files are considered public records under the California Public Records Act, but with significant exceptions and limitations.
Court divorce case files are generally accessible to the public with the following exceptions:
- Financial declarations and information
- Social Security numbers and financial account information
- Information about minor children
- Allegations of domestic violence or abuse
- Medical and psychological records
- Records sealed by court order
Certified divorce certificates have more restricted access. Pursuant to California Health and Safety Code § 103526, only the following individuals may obtain authorized copies:
- The parties to the divorce
- Immediate family members
- Legal representatives of the parties
- Law enforcement agencies
- Individuals with court orders authorizing access
Members of the public who do not qualify for authorized copies may obtain informational copies that contain the same information but are marked "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY."
The Judicial Branch of California maintains policies regarding public access to court records, including divorce proceedings, that balance the public's right to information with individual privacy concerns.
How To Find a Divorce Record In Marin County in 2026
Members of the public seeking divorce records in Marin County may utilize several methods to locate these documents. The process varies depending on when the divorce was finalized and what specific records are needed.
For divorce records from 1980 to present:
- Visit the Marin County Superior Court Records Division in person:
Marin County Superior Court
3501 Civic Center Drive, Room 113
San Rafael, CA 94903
(415) 444-7040
Marin County Superior Court
-
Submit a written request using the court's Records Request Form, which requires:
- Full names of both parties to the divorce
- Approximate date of divorce filing or finalization
- Case number (if known)
- Requestor's contact information
- Specific documents requested
-
Pay the applicable fees:
- Search fee: $15 per name/case
- Copy fees: $0.50 per page
- Certification fee: $25 per document
For divorce records prior to 1980:
- Contact the Marin County Clerk-Recorder's Office:
Marin County Clerk-Recorder
3501 Civic Center Drive, Room 232
San Rafael, CA 94903
(415) 473-6152
Marin County Clerk-Recorder
- Complete the Application for Certified Copy of Marriage/Divorce Record
- Provide identification and pay the required fees
For certified copies of divorce certificates (not the complete case file):
- Submit a request to the California Department of Public Health:
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
- Complete the Application for Certified Copy of Divorce Record
- Include a notarized sworn statement if requesting an authorized copy
- Submit the current fee of $15 per copy
How To Look Up Divorce Records in Marin County Online?
Marin County provides limited online access to divorce records through its court case information system. The digital availability of records is subject to privacy restrictions and system limitations.
To search for divorce records online:
- Visit the Marin County Superior Court Records Portal
- Select "Case Information" from the available options
- Choose "Family Law Case Search" from the menu
- Enter search criteria:
- At least one party's name (last name required)
- Case number (if known)
- Filing date range (if known)
- Review the search results, which typically include:
- Case number
- Filing date
- Case type
- Parties' names
- Current status
- Hearing dates
Important limitations of the online system include:
- Only basic case information is available online
- Document images are not accessible through the public portal
- Records prior to 2000 may not be included in the online database
- Confidential or sealed cases will not appear in search results
For comprehensive divorce records, including actual document images, individuals must request records in person or by mail as described in the previous section. The online system primarily serves as an index to identify cases rather than a complete record repository.
How To Find Divorce Records for Free In Marin County?
Members of the public may access certain divorce record information in Marin County without payment, though comprehensive access typically involves fees. The following methods provide free or low-cost access to basic divorce record information:
- Public access terminals at the courthouse:
Marin County Superior Court
3501 Civic Center Drive, Room 113
San Rafael, CA 94903
Hours: Monday-Friday, 8:00 a.m. - 12:00 p.m. & 1:00 p.m. - 4:00 p.m.
These terminals allow free searching of the court's case management system to locate basic case information, including:
- Case numbers
- Party names
- Filing dates
- Case status
- Scheduled hearings
- Law library resources:
Marin County Law Library
20 North San Pedro Road, Suite 2015
San Rafael, CA 94903
(415) 472-3733
Hours: Monday-Thursday, 8:30 a.m. - 4:30 p.m.
The law library provides:
- Free access to legal research databases
- Assistance from law librarians
- Reference materials on family law
- Online case index:
The Marin County Superior Court provides a free online case index that shows basic case information without fees. While document images require payment, identifying cases is free.
It is important to note that while basic case information may be accessed without charge, obtaining copies of actual documents, certified records, or comprehensive case files will incur the standard fees established by the court and state law.
What's Included in a Divorce Records In Marin County
Divorce records in Marin County comprise multiple documents that collectively document the legal dissolution of marriage. The content of these records is governed by California Family Code § 2335-2338 and local court rules.
A complete divorce case file typically contains:
-
Petition for Dissolution of Marriage
- Filing date
- Names and addresses of both parties
- Date and place of marriage
- Date of separation
- Grounds for divorce (California is a no-fault state)
- Information about minor children
- Requested relief
-
Summons and Proof of Service
- Documentation that the respondent was properly notified
-
Response to Petition (if filed)
- Respondent's position on issues raised in the petition
-
Financial Disclosures
- Declaration of Disclosure
- Income and Expense Declaration
- Schedule of Assets and Debts
- Tax returns (typically confidential)
-
Child Custody and Support Documents (if applicable)
- Parenting plans
- Child support calculations
- Custody evaluations (typically confidential)
-
Property Division Agreements
- Community property allocations
- Separate property confirmations
- Debt division
-
Judgment of Dissolution
- Final court order terminating the marriage
- Court's decisions on all contested issues
- Incorporation of settlement agreements
- Effective date of divorce
-
Certificate of Dissolution
- Official summary document
- Names of parties
- Date of marriage
- Date of divorce
- Case number
Certain sensitive information is typically redacted or maintained confidentially, including:
- Social Security numbers
- Financial account numbers
- Driver's license numbers
- Minor children's identifying information
- Confidential settlement agreements
How To Get Proof of Divorce In Marin County?
Individuals requiring legal proof of divorce in Marin County may obtain official documentation through established procedures. The type of proof needed often depends on the purpose for which it will be used.
To obtain a certified copy of a divorce judgment:
- Visit or contact the Marin County Superior Court:
Marin County Superior Court - Records Division
3501 Civic Center Drive, Room 113
San Rafael, CA 94903
(415) 444-7040
Court Records & Exhibits
-
Submit a Records Request Form specifying:
- Names of both parties to the divorce
- Case number (if known)
- Approximate date of divorce
- Request for certification
-
Pay the required fees:
- Copy fee: $0.50 per page
- Certification fee: $25 per document
To obtain a Certificate of Record of Divorce:
- Contact the California Department of Public Health:
California Department of Public Health - Vital Records
MS 5103
P.O. Box 997410
Sacramento, CA 95899-7410
(916) 445-2684
Vital Records Obtaining Certified Copies of Divorce Records
- Complete the Application for Certified Copy of Divorce Record
- Include a sworn statement (for authorized copies)
- Submit the current fee of $15 per copy
For international use, additional authentication may be required:
- Obtain a certified copy from the court
- Request authentication from the California Secretary of State
- For use in countries that are members of the Hague Convention, request an Apostille
Processing times vary by method:
- In-person requests: Same day to 2 business days
- Mail requests: 2-4 weeks
- Expedited service: Additional fees may apply
Can a Divorce Be Confidential In Marin County?
Divorce proceedings in Marin County are generally matters of public record; however, certain aspects may be kept confidential under specific circumstances. California law provides mechanisms for protecting sensitive information within divorce cases.
Pursuant to California Rules of Court, Rule 2.550-2.551, courts may seal records when:
- There exists an overriding interest that overcomes the right of public access
- The interest supports sealing the record
- A substantial probability exists that the interest will be prejudiced if the record is not sealed
- The proposed sealing is narrowly tailored
- No less restrictive means exist to achieve the overriding interest
Elements of divorce cases that may qualify for confidential status include:
- Financial records and statements
- Medical and psychological evaluations
- Information pertaining to minor children
- Allegations of domestic violence or abuse
- Sensitive personal identifying information
To request confidentiality for divorce records:
- File a motion to seal records with the Marin County Superior Court
- Demonstrate compelling reasons that meet the legal standards
- Specify exactly which documents or information should be sealed
- Obtain a court order from the presiding judge
Alternative confidentiality options include:
- Redaction of sensitive information rather than complete sealing
- Stipulated confidentiality agreements between parties
- Use of reference numbers instead of names in public filings
- Summary dissolution process for qualifying cases (limited public record)
It is important to note that even when records are sealed, basic case information typically remains in the public index, including party names and the existence of the case. Complete confidentiality of an entire divorce proceeding is extremely rare and granted only in exceptional circumstances.
How Long Does a Divorce Take In Marin County?
The duration of divorce proceedings in Marin County varies significantly based on multiple factors. Under California law, specifically Family Code § 2339, a minimum waiting period of six months from the date of service of the petition (or appearance by the respondent) applies before a divorce can be finalized.
Typical timeframes for different types of divorces in Marin County:
-
Uncontested divorces with complete agreement:
- Minimum: 6 months + processing time (approximately 7-8 months total)
- Required waiting period begins when the respondent is served or files a response
-
Contested divorces requiring negotiation:
- Average: 12-18 months
- Factors affecting duration include:
- Complexity of asset division
- Child custody disputes
- Court calendar congestion
- Attorney availability
- Willingness of parties to compromise
-
Highly contested divorces requiring trial:
- Average: 18-36 months
- May involve:
- Multiple court appearances
- Expert witnesses
- Complex discovery
- Custody evaluations
- Business valuations
-
Summary dissolution (simplified process):
- Minimum: 6 months
- Available only to couples who:
- Have been married less than 5 years
- Have no children
- Have limited assets and debts
- Agree on all terms
According to statistics from the Judicial Council of California, the median time from filing to disposition for family law cases in Marin County is approximately 10 months, though this varies significantly based on case complexity.
Factors that commonly extend divorce timelines include:
- High-conflict custody disputes
- Complex financial holdings requiring forensic accounting
- Business valuation issues
- Real estate appraisal and division
- Retirement account division requiring QDROs
- Disagreements over spousal support
- Court congestion and scheduling delays
How Long Does Marin County Keep Divorce Records?
Marin County maintains divorce records according to California's record retention requirements, which establish different preservation periods based on record type and historical significance. These retention schedules are governed by Government Code § 68152 and the Judicial Council of California's record management guidelines.
The retention periods for divorce records in Marin County are as follows:
-
Judgment and Decree of Dissolution:
- Permanent retention
- These final judgments are never destroyed
- After 30 years, they may be transferred to archival storage
-
Case Files (including pleadings, orders, and supporting documents):
- Minimum retention: 30 years from date of final disposition
- After this period, files may be:
- Microfilmed or digitized for permanent retention
- Transferred to the Marin County Archives
- Destroyed if properly preserved in another format
-
Exhibits and Evidence:
- Retention: 60 days after final disposition of the case
- Parties must retrieve exhibits within this timeframe
- Unclaimed exhibits may be destroyed or returned to the presenting party
-
Certificates of Dissolution:
- Permanent retention by the California Department of Public Health
- County maintains index information permanently
-
Financial Declarations and Supporting Documents:
- Retention: 5 years after final judgment
- May be destroyed earlier if properly microfilmed or digitized
For historical divorce records (pre-1980), the Marin County Archives maintains:
Marin County Archives
Civic Center Library, Room 165
3501 Civic Center Drive
San Rafael, CA 94903
(415) 473-7419
Individuals seeking older divorce records should note that the completeness and accessibility of these records may vary, particularly for cases from the early to mid-20th century. Some historical records may have been lost, damaged, or preserved only in summary form.
How To Get a Divorce In Marin County
Individuals seeking to dissolve a marriage in Marin County must follow procedures established by the California Family Code and local court rules. The process involves multiple steps and varies depending on the complexity of the case.
To initiate a divorce in Marin County:
-
Establish residency requirements:
- At least one spouse must have been a California resident for six months
- At least one spouse must have been a Marin County resident for three months
- These requirements are pursuant to California Family Code § 2320
-
Prepare and file initial documents at:
Marin County Superior Court - Family Law Division
3501 Civic Center Drive, Room 113
San Rafael, CA 94903
(415) 444-7040
Marin County Superior Court
Required documents include:
- Petition for Dissolution of Marriage (FL-100)
- Summons (FL-110)
- Property Declaration (FL-160) if applicable
- Declaration Under Uniform Child Custody Jurisdiction Act (FL-105) if children are involved
- Filing fee: $435 (fee waivers available for qualifying individuals)
-
Serve the divorce papers:
- The non-filing spouse must be formally served with copies of all filed documents
- Service must be performed by someone 18 or older who is not a party to the case
- A Proof of Service must be filed with the court
-
Financial disclosures:
- Both parties must complete and exchange:
- Declaration of Disclosure (FL-140)
- Income and Expense Declaration (FL-150)
- Schedule of Assets and Debts (FL-142)
- Tax returns from the previous two years
- Both parties must complete and exchange:
-
Resolution pathways:
- Uncontested: Submit a marital settlement agreement and judgment forms
- Mediation: Utilize the court's Family Court Services or private mediators
- Contested: Proceed through case management conferences, settlement conferences, and potentially trial
-
Finalize the divorce:
- Submit final judgment paperwork
- Wait for judicial review and approval
- Receive filed judgment (divorce becomes final after the six-month waiting period)
Marin County offers self-help resources for individuals proceeding without attorneys:
Family Law Facilitator's Office
3501 Civic Center Drive, Room C-27
San Rafael, CA 94903
(415) 444-7130
Hours: Monday-Friday, 8:30 a.m. - 12:00 p.m. & 1:00 p.m. - 4:00 p.m.
How To Get Divorce Papers In Marin County
Individuals seeking divorce papers in Marin County have multiple options for obtaining the necessary forms to initiate or respond to divorce proceedings. These documents are standardized throughout California and are available through several channels.
To obtain divorce papers in Marin County:
- In-person at the courthouse:
Marin County Superior Court - Family Law Division
3501 Civic Center Drive, Room 113
San Rafael, CA 94903
(415) 444-7040
Hours: Monday-Friday, 8:00 a.m. - 12:00 p.m. & 1:00 p.m. - 4:00 p.m.
The clerk's office provides:
- Form packets for different types of divorce proceedings
- Instructions for completing and filing forms
- Fee schedules and fee waiver applications
- Self-Help Center:
Family Law Facilitator's Office
3501 Civic Center Drive, Room C-27
San Rafael, CA 94903
(415) 444-7130
Hours: Monday-Friday, 8:30 a.m. - 12:00 p.m. & 1:00 p.m. - 4:00 p.m.
Services include:
- Assistance with form selection and completion
- Review of completed forms
- Procedural information (no legal advice)
- Referrals to legal resources
- Online resources:
- Marin County Superior Court Family Law Forms
- California Courts Self-Help Center
- California Judicial Council Forms
Essential divorce forms include:
- FL-100: Petition for Dissolution of Marriage
- FL-110: Summons
- FL-105: Declaration Under Uniform Child Custody Jurisdiction Act (if children involved)
- FL-115: Proof of Service of Summons
- FL-140: Declaration of Disclosure
- FL-150: Income and Expense Declaration
- FL-160: Property Declaration
- FL-180: Judgment
For individuals responding to divorce papers:
- FL-120: Response to Petition
- FL-140: Declaration of Disclosure
- FL-150: Income and Expense Declaration
The current filing fee for a divorce petition in Marin County is $435, with an additional $435 for filing a response. Fee waivers are available for qualifying low-income individuals through form FW-001.
Lookup Divorce Records in Marin County
Court Records & Exhibits | County of Marin