Can Employers Check Divorce Records When Hiring Staff?

If you are a job seeker, you would certainly like to know whether an employer can run a background check on you and look into your divorce records. It is certainly important to learn what private information can be accessed in these records. Find the answers to all of your questions now.

Legal Aspects

The divorce records are available to the public. This means that any person including an employer can look into them without disclosing their name. Generally, employers can check all vital records. It is important to note that the amount of information contained in the records available to the public varies from state to state.

Usually, only the divorce certificates are publicly available. They contain the names of the former spouses and where and when the marriage was legally terminated. In some cases, the divorce decree issued by the court can also be seen by employers and other members of the general public. It includes details on alimony, property distribution, custody, visitation rights and child support.

Disclosure and Consent

In most cases, employers are required to inform job applicants that a background check will be performed on them. They are required to disclose details as well. This means that you will know whether a potential employer will check your divorce records and other vital records including birth and marriage ones. You should keep in mind that employers are typically required to run the check through a specialized agency. Hence, the risk of them coming across false discrediting information is quite low.

Depending on the employment legislation in your state, potential employers may require your consent to run the check. Generally, this is the case in many states. If you do not want an individual or organization to snoop into your vital records, you should not give them your consent to do so. Just keep in mind that background checks have become commonplace and that an employer will most certainly not hire you if you refuse to undergo such a check.


While criminal and credit records have relevance to many jobs, this is certainly not the case with divorce records. Employers typically do not care whether you are single, married or divorce. Besides, the laws against discrimination will most certainly prevent them from making a decision on whether to employ a person based on their marital status. Still, the fact that you have been divorced may affect the overall impression that the potential employer has on you.

If you are currently looking for a job, you should certainly go over the divorce records and other relevant public records to confirm that there is no incorrect information about you.