Is Your Divorce Public in Wisconsin?
Understanding public records, court access, and privacy in Wisconsin family law cases.
If you’re going through a divorce or custody matter, you might be wondering, “Can my ex or employer look up information about my case?” The short answer is: usually, yes. In Wisconsin, most family court cases are public record, but that does not mean every detail is public. There are specific protections you can obtain, but first you must know what they are and how you can request them.
I’m Kyle Kaufman, a family law attorney with HKK Law Offices here in Wisconsin. In this week’s blog I’m answering a question I frequently hear from my clients:
Are family law cases public record in Wisconsin? What can I do if I want privacy?
Public Record in Wisconsin
According to the Wisconsin Legislative Council, any material on which information is recorded or preserved by a state or local governmental body generally is considered an open “record.” This means that any member of the public has a right to inspect it, unless a provision in the law allows it to be kept confidential.
Most family court cases are public record and in Wisconsin that court information is typically accessible to the public. This information may include things like the case captions, basic filings, and hearing dates and orders. In other words, someone can usually see that a case exists and what it’s about.
Public record does not mean, however, that everything is visible. Even when the case is public, certain information is protected and can be limited. Sensitive details can be restricted depending on what they are and how they appear in the file. For example, documents that contain confidential information can be handled differently and some records are not displayed the same way.
What Information is Available Online vs. In Person?
Many people assume everything is online. The online record shows basic case events and limited document information, so someone interested in learning more may have to go to the clerk of court’s office to request additional details. Even then, there can be restrictions based on the type of document they can obtain from the clerk of court.
Online Resources: To better understand what information is available and how it is accessed, feel free to review the following online resources.
- Search Wisconsin Court Records (WCCA) – This platform allows you to search public Wisconsin circuit court case information online.
- Wisconsin Circuit Court Clerks Directory – This platform allows you to search for your county’s Clerk of Circuit Court.
- Wisconsin Court Records: Privacy & Redaction – This webpage explains the basics of how confidential information, redaction, and motions to seal court records are handled in Wisconsin.
Requesting Court Protections for Sensitive Information
You may ask the court to protect certain information when there are safety concerns or serious privacy concerns. If you have these worries as you enter your family law matter, be sure to talk with your attorney about the possibility of taking additional privacy precautions.
There are steps your attorney can take to request protections. This could involve asking the court to limit access to specific information or handle certain documents in a more protected way. It is important to remember that these protections are not automatic, but they are possible in the right situation.
- Wis. Stat. § 801.21 explains how a party can ask the court to redact specific information, seal a particular document, or, in rare circumstances, seal an entire case.
Are Courtrooms and Virtual Hearings Open to the Public?
When we talk about public information or public records, another similar type of question I receive is:
Can I bring someone to court with me? Is my spouse or the opposing party able to bring someone to court with them?
The answer to these questions is courtrooms in Wisconsin are open to the public. There are very few cases that are closed, private cases. Most of the time the family law matters that we deal with here at HKK offices are open to the public. It’s not uncommon for people to bring their significant other, their family, or their friends to the courtroom.
What if the hearing is being held virtually through a video conference? During the pandemic, we went from traditional courtroom appearances to online court proceedings. This change offered the option of appearing virtually instead of in-person even after COVID restrictions were removed. At the end of the day, these video conference options are also open to the public, and are not more private than an in-person hearing.
What to Do If Privacy Matters to You
If privacy is important to you or you worry for your privacy during a family law matter, address these concerns early on. Talk to your attorney about what information is being filed or what should not be included and what protections may apply. Waiting until information is in the record is harder to fix.
If you’re dealing with a child custody dispute, divorce, or a restraining order situation and you are worried about your privacy, talk to a Wisconsin family law attorney today. One of our family law attorneys can provide you the clarity and confidence needed to protect you and your family.
If you have any additional questions or would like to learn more about your options, we invite you to contact HKK Law Offices. Our attorneys are available to meet by phone, video conference, or in person at our offices in Sheboygan, Mequon, and Random Lake. For more educational family law and estate planning content, check out our TikTok, YouTube, Instagram, Facebook, and LinkedIn platforms.
Disclaimer: This article is provided for general educational purposes only and should not be considered legal advice. Reading this article does not create an attorney-client relationship. Because every situation involves unique facts and circumstances, you should consult a qualified attorney regarding your specific legal needs.
