Home & Family

Ask a Lawyer: Divorce, Custody, and Expungement

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Each week, our guest attorneys answer your questions on the Rocket Lawyer Facebook page.

On August 1st, the questions centered around expungement and what it means, the smartest way to start the divorce process, and issues surrounding custody. All those questions and the answers from our guest attorney are below. Please visit us on Facebook to see the next Ask a Lawyer date and ask your question.


If you are sued in superior court, civil, and settle, can you get the complaint expunged? It was not covered by the settlement agreement. — Joan P.

Hi Joan: Expungement, which is having public records sealed or removed from public view, is only available in criminalproceedings, not civil cases. Typically, a civil action lawsuit cannot be expunged or otherwise deleted from the public records. There are very specific cases where court documents may be “sealed” (which means not available to the public). For instance, if the documents reveal personal information like your social security number. In most jurisdictions, you would need to file a motion with the court asking for those documents to be placed under seal. If an attorney represented you in the civil suit that was settled, you could start by speaking to him or her. Hope this information is helpful!


I need to get a divorce in Utah.. Ive lived here for almost a year, have two kids and the husband lives in Miami Fl. Where/How do i start with the divorce process? — Yescelly P.

Speaking to a family lawyer in your state is the best place to start.  Divorce can be complex, and there are a lot of things to consider. What’s right for one person may not be right for you: a family attorney can look at the big picture and help you move forward. If you’re a Rocket Lawyer legal plan member, you can get a free consultation with an attorney in your area so you can get started: http://www.rocketlawyer.com/find-a-lawyer.rl


I need help filing custody modification papers Pro Se in Delaware — Tillman S.

Typically, to modify a child custody agreement, a parent would need to file a petition with the court. Since you mentioned you’d like to file pro se, you can take a look at this article on our website for some basic information: http://www.rocketlawyer.com/article/When-and-How-to-Modify-Child-Custody-Arrangements.rl

Also, this article on Delware’s family court website may be hepful to you: http://courts.delaware.gov/forms/download.aspx?id=30228

Since child custody procedures vary by state and this is such an important issue, the best course of action is to speak to a family law attorney licensed in Delaware. If you decide to get advice from an attorney, we can connect you with one here: http://www.rocketlawyer.com/find-a-lawyer.rl or call us at (888) 627-1192.

Posted in: Home & Family, Small Claims & Litigation

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