Although the law varies from state to state, most documents filed with a court—as well as settlement agreements and discovery documents that are not filed with the court in which the lawsuit is pending—are court records and are presumed open to the public. This includes documents and testimony that may include confidential, embarrassing, or sensitive information.

But in some circumstances judges have the authority to seal specific documents, or all documents, or to close hearings that would ordinarily be open to the public. And the burden of proof on a party seeking to restrict or seal court records in family law matters is generally lower than in other civil and criminal cases.

Potential reasons for sealing or restricting access to court records in divorce and other family law matters may include (1) protecting the identity of a victim of child abuse or sexual abuse; (2) protecting the disclosure of a spouse’s mental illness or addictions; (3) protecting against the disclosure of serious, false allegations that might otherwise constitute actionable defamation (libel or slander); (4) protecting victims and cooperating witnesses or informants from retaliation; (5) avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and (6) protecting classified information affecting national security.

Laws regarding the sealing or restricting of access to court records vary from state to state and are usually located in a state’s statutes or rules of civil procedure, as interpreted and applied by the courts in appellate court opinions (common law).

In Florida, court records are generally public, consistent with the principle of transparency in the judicial process. However, Florida law does allow for court records to be sealed or access to them restricted under certain circumstances, particularly in family law matters. Florida statutes and rules of civil procedure provide judges with the discretion to seal documents or close hearings to protect privacy or other important interests. The burden of proof for sealing records in family law cases is indeed often lower than in other types of cases. Reasons for restricting access may include protecting minors from abuse, safeguarding individuals' mental health information, preventing the spread of false allegations that could be defamatory, protecting witnesses from retaliation, ensuring the integrity of ongoing criminal investigations, and maintaining national security. The specific rules and procedures for sealing records are detailed in the Florida Rules of Civil Procedure and Florida statutes, and these are further interpreted by case law from appellate courts. An attorney can provide guidance on the likelihood of sealing records in a particular case and the process for requesting such an order from the court.