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 Virginia, court records are generally presumed to be open to the public, including documents filed with the court and settlement agreements. However, judges in Virginia have the discretion to seal certain documents or close hearings to protect privacy or other sensitive interests, particularly in family law matters. The standard for sealing records in family law cases may be less stringent than in other civil or criminal matters. Reasons for sealing records can include protecting the identity of abuse victims, safeguarding private health information, preventing the spread of false allegations, protecting witnesses, preserving the integrity of ongoing investigations, and maintaining national security. The authority to seal records and the criteria for doing so are found in Virginia's statutes and rules of civil procedure, as well as in the precedents set by appellate court decisions. When a party seeks to seal court records, they typically bear the burden of proving that the need for privacy outweighs the public's right to access.