Mandatory sequestration of record; partial sealing, good cause shown exception.

Plain English Breakdown

The official source material does not provide details on how judges will determine access to partially sealed documents or what happens if someone outside the case wants to view sealed records.

Rules for Sealing Divorce Records

This law changes how divorce records can be kept private, making it mandatory to seal or partially seal them unless there is a reason not to.

What This Bill Does

• Changes the rules about sealing divorce records so that courts must order them sealed or partially sealed when asked by someone involved in the case.
• Limits the sealing of court rulings and orders to cases where there is good reason shown.

Who It Names or Affects

• People getting divorced
• Courts handling divorce cases

Terms To Know

Sequestration

The act of keeping something private or out of public view, like sealing a court record.

Good cause shown

A reason that is strong enough to convince the judge not to seal a divorce record.

Limits and Unknowns

• The law does not specify how judges will decide who can see partially sealed documents.
• It's unclear what happens if someone wants to see sealed records for reasons other than being involved in the case.

Official Summary Text

Mandatory sequestration of record; partial sealing; good cause shown exception.
Requires a court to order the sealing or partial sealing of a divorce record of agreement upon motion of a party except for good cause shown. Under current law, sealing is discretionary. The bill provides that rulings and orders of the court shall only be sealed for good cause shown.

Current Bill Text

A BILL to amend and reenact §
20-124
of the Code of Virginia, relating to mandatory sequestration of record; partial sealing; good cause shown exception.

Be it enacted by the General Assembly of Virginia:

1. That §
20-124
of the Code of Virginia is amended and reenacted as follows:

§
20-124
. Sequestration of record.

Upon

Except for good cause shown, upon

motion of a party to any suit under this chapter, the court
may
shall
order the record thereof
, including all motions and pleadings,
or any agreement of the parties, filed therein,
even if incorporated into a court order,
to be sealed
or partially sealed
and withheld from public inspection and thereafter the same shall only be opened to the parties, their respective attorneys, and to such other persons as the judge of such court at his discretion decides have a proper interest therein.
Notwithstanding the
provisions
of this section,
ruling
s
and orders of the court shall be sealed only for good cause shown.