Public Record Question

iVillage Member
Registered: 09-24-2012
Public Record Question
6
Tue, 10-15-2013 - 2:41pm

So my ex just recently realized that our custody agreement and the agreement to sell our house are now part of the public record.  They were submitted as part of a motions docket because my ex would not negotiate with me.  Now he is pissed that they are public records and wants them removed.  I don't particularly like the fact that they are public records but I am also not sure I really want to do anything about it.  I certainly don't want to pay more lawyer to have them removed.  My ex wants my permission to have his lawyer remove them and claims that would not affect their validity or enforcement.  Is that true?  Can anyone give me any pros or cons about this?  Also, does anyone know if I don't agree, can my ex have them removed without my consent?  Thanks!

iVillage Member
Registered: 09-24-2012
Tue, 10-15-2013 - 2:48pm
BTW... I believe my ex is trying to remove any traces of himself that would come up in a basic background check. The reason for that I think, at least in part, is that he is a computer forensics major and wants to get a job in law enforcement. But he is quite capable of underhandedness so I am concerned about the other implications of something like this. So far I have told him no, I don't agree.
iVillage Member
Registered: 11-28-1999
Tue, 10-15-2013 - 4:07pm

Documents that have already been filed with the court can't be "removed."  They will always be in the court files.  He would have to file a motion to "impound" the documents.  Normally this would be done in the case of a public figure.  I doubt the court would grant it in the case of your regular person because trust me, no one really cares enough to go look in the court files to read your custody agreement.  Oh and just because they are public documents doesn't mean they are on the internet.  In some courts the dockets are on the internet but I have never heard of divorce papers being accessable that way.  I'd tell him that if he wants it impounded, he can file the motion.

iVillage Member
Registered: 09-24-2012
Tue, 10-15-2013 - 4:26pm
Thanks for the quick reply Musiclover12! If he files the motion will that cause my lawyer to get involved? The divorce is settled and I am tired of having to pay my lawyer to handle stupid things like this or the fact that he can't figure out how to get the title to his truck transferred to just his name.
iVillage Member
Registered: 11-28-1999
Tue, 10-15-2013 - 9:25pm

Your lawyer won't actually have to get involved if you don't oppose the motion (there's really no reason to oppose it since it won't harm you if the agreement is impounded).  But if you have a final judgment on the divorce, he might not even be able to file a motion since it would be too late--the case is already closed.

iVillage Member
Registered: 09-24-2012
Wed, 10-16-2013 - 8:30am
Thanks again Musiclover12! We do have a final judgement so it sounds like he is stuck. Good to know!
iVillage Member
Registered: 05-20-2009
Wed, 10-16-2013 - 11:15am

Get his truck title transferred to his name only?  Tell him to pay HIS lawyer to help him.  Seriously, I think that you would just sign off on the title as though you were selling the truck, and then he goes to the BMV and gets a new title.  Every state is different, and in most states you have to go with him to sign in front of the registrar........or maybe a Power of Attorney would do it.  Again, he has a lawyer, the lawyer can tell him how to do it.  Regarding the other question, I'm not a lawyer, but you've been given good advice by Musiclover who IS a lawyer........and too bad about his job search.  Other than possible employers, no one cares that much about court records, and most people wouldn't know how to access them anyway!  If he loses a prospective job because of something bad in those records.......oh well!