San Jose Divorce Records

Divorce records for San Jose residents are maintained by the Santa Clara County Superior Court. San Jose is the largest city in the county and has multiple courthouse locations that handle family law cases. When someone in San Jose files for divorce, the case becomes part of the county court system. All divorce paperwork from initial petition through final judgment is stored at the courthouse. You can search for cases online through the county's case portal at portal.scscourt.org. The system shows case numbers, parties, and filing dates but does not allow you to download full documents. California law restricts remote access to family law records to protect privacy. To get certified copies of divorce decrees or other filings, you need to contact the clerk's office by email at familylaw@scscourt.org or visit a courthouse location in person.

Santa Clara County Court System

San Jose is part of Santa Clara County for all court matters. The county Superior Court has several locations throughout San Jose and the surrounding area. Family law cases can be filed at various courthouses in the county. The court handles thousands of divorce cases each year from San Jose and other Santa Clara County cities. To contact the family law division, email familylaw@scscourt.org with questions about your case or records requests.

Santa Clara County has an online case portal at portal.scscourt.org/search. This system lets you search for cases by party name or case number. The search is free. You can view basic case information including the parties, case type, filing date, and a list of documents on file. However, California Rules of Court 2.503 limit what you can see in family law cases online. The portal shows the docket but does not let you download divorce decrees, financial disclosures, or settlement agreements. For copies of actual documents, you must contact the clerk or visit a courthouse.

The court charges standard California fees. A certified copy of a divorce decree costs $15 under Government Code Section 70674. This fee covers the complete judgment no matter how many pages. For other documents, certification costs $40 plus $0.50 per page for copies. Effective January 1, 2026, Assembly Bill 1524 allows people to photograph court records at the courthouse instead of paying for copies in some cases. Check with the clerk about this option.

Filing for Divorce in San Jose

To file for divorce when you live in San Jose, you must meet California's residency requirements. California Family Code Section 2320 requires you to live in the state for six months and in Santa Clara County for three months before filing. Once you meet residency, you can file at any Santa Clara County courthouse. The filing fee is $435 to $450. If you cannot afford the fee, you can apply for a waiver using form FW-001.

All California courts use the same divorce forms. Form FL-100 is the Petition for Dissolution of Marriage. Form FL-110 is the Summons. These start your case. After filing, you serve copies on your spouse. The spouse has 30 days to file a Response using form FL-120. If your marriage is short, you have no children, limited assets, and both spouses agree, you might qualify for summary dissolution using form FL-700. This is a simpler process with fewer steps.

Every divorce requires financial disclosures. Both parties must complete form FL-140, the Declaration of Disclosure, and form FL-142, the Schedule of Assets and Debts. These forms list all income, expenses, property, and debts. You serve these on the other party even if you agree on everything. The court uses this information to divide property fairly and decide on support issues.

California law requires a six-month waiting period. Your divorce cannot become final until at least six months after your spouse was served with the Summons and Petition. This is per Family Code Section 2339. Even if you file an uncontested case and agree on all terms, the court will not sign the final judgment until six months pass. Most divorces take longer than six months due to paperwork, negotiations, or court schedules. Once the judgment is signed and filed, it becomes part of the permanent court record.

How to Get Divorce Records

To get a copy of a San Jose divorce decree, you can visit any Santa Clara County courthouse that has your file. Bring photo ID and the case number if you have it. If you do not know the case number, provide both party names and the approximate year of the divorce. The clerk can search for the case. For recent files, you may get copies the same day. Older files in storage may take longer to retrieve.

You can also request records by email. Send your request to familylaw@scscourt.org. Include the case number or the names of both parties and the year the divorce was filed. Explain what documents you need. The clerk will respond with instructions on how to pay and receive the records. A certified divorce decree costs $15 plus any copy fees. Processing time for email requests varies from one to three weeks depending on the court's workload and file location.

Only certain people can obtain divorce records. The two parties in the case can always get their own records. Attorneys representing either side can get copies. Other people may need to show a legal interest or provide a court order. The clerk will ask for identification to verify who you are. California law protects privacy in family law cases while allowing appropriate public access to court records.

Starting January 1, 2026, Assembly Bill 1524 gives you the right to photograph court records at the courthouse. If you visit in person, you may be able to take photos of your divorce file instead of paying for copies. Ask the clerk about this option when you visit. This can save money if you need many pages of documents.

Legal Assistance in San Jose

Santa Clara County Superior Court offers free help through its Family Law Facilitator program. The facilitator can answer questions about forms, explain procedures, and review paperwork. They cannot give legal advice or represent you in court, but they can help you understand the process and make sure your forms are complete. Contact the court at familylaw@scscourt.org and ask about facilitator services.

Law Foundation of Silicon Valley provides free legal help to low-income residents of Santa Clara County. They handle family law cases including divorce, custody, and support. To see if you qualify, visit lawfoundation.org or call their office for an intake appointment. They can assist with paperwork, negotiations, and court representation if you meet income guidelines.

The Santa Clara County Bar Association has a lawyer referral service. They can connect you with local attorneys who practice family law. Many lawyers offer reduced-fee initial consultations. You can hire a lawyer for your entire case or use limited-scope representation where the lawyer handles specific tasks while you do the rest yourself. This is sometimes called unbundled legal services.

The California Courts Self-Help website at selfhelp.courts.ca.gov has comprehensive guides for every step of the divorce process. You can find instructions on filing, serving papers, responding to petitions, and attending court hearings. All divorce forms are available for free download. The site has videos and FAQs that explain California family law in plain language.

Additional Resources and Information

For divorces that occurred between 1962 and June 1984, the California Department of Public Health has a Certificate of Record. This is not the actual divorce decree but a short document showing the divorce happened. It includes the names of both parties, the county, the filing date, and the case number. The fee is $18 per copy and processing can take many months. CDPH does not have any records for divorces after June 1984. You can get the application form at cdph.ca.gov.

San Jose is the largest city in Santa Clara County and the third-largest city in California. The county court system handles a high volume of divorce cases each year. Processing times for records requests may vary depending on how busy the court is. If you need records urgently, visiting in person may be faster than requesting by mail or email.

After your divorce is final, you may need to update records with various agencies. If you changed your name, notify the Social Security Administration and the California DMV. Update your name on bank accounts, credit cards, insurance policies, and property titles. The court does not automatically send your divorce decree to these agencies. You must provide certified copies yourself. It helps to get several certified copies when you first order your decree so you have them for future needs.

Santa Clara County keeps divorce records permanently. Even very old cases remain on file, though they may be in off-site storage. If you need a divorce record from many years ago, contact the court and provide as much information as you can. The clerk can search historical records, but files from decades past may take extra time to locate and retrieve.