Public Information Act - Divorce Records
HB0403 amends Maryland’s Public Information Act to require custodians to deny public inspection of records pertaining to a divorce proceeding, with limited exceptions. The bill specifically covers records such as divorce applications, financial records submitted in the case, divorce settlement records, and custody orders. It does not apply to a final decree in a divorce proceeding, which remains outside the new nondisclosure rule.
The bill creates a narrow access framework under which these divorce-related records may still be released to a person in interest, a lawyer representing a person in interest, or someone authorized by court order. In effect, the measure treats most divorce case materials as confidential public records while preserving access for the parties, their counsel, and the courts. The act takes effect October 1, 2026.
This bill adds a new section to the General Provisions Article of the Maryland Code governing public records access. It expands mandatory denial provisions under the Public Information Act by carving out divorce-proceeding records from ordinary inspection, thereby limiting public access to sensitive family-law filings and related documents. Courts, clerks, and other custodians of records would need to withhold the specified materials unless an exception applies, while final divorce decrees remain accessible under existing law.
The available legislative history suggests the bill was generally supported, as reflected by a favorable committee report and adoption in the House. No recorded votes or committee transcript excerpts are provided, so there is no evidence of organized opposition in the materials supplied. Overall, the bill appears to have been treated as a privacy-focused measure with broad procedural support.
The main policy tension in HB0403 is between public access to government records and privacy in family-law matters. Supporters appear to favor shielding highly personal divorce-related documents, including financial and custody information, from public inspection. Potential concerns would likely come from transparency advocates or media interests who may view the bill as narrowing the Public Information Act, but no specific objections are documented in the provided record. The bill preserves access for parties, their attorneys, and court-authorized applicants, which may have helped reduce controversy.