In recent years, North Carolina has undergone a sweeping transformation in its judicial system with the rollout of eCourts, a digital platform that enables electronic filing (eFiling) and public access to court records. While this modernization promises efficiency, transparency, and accessibility, it also raises serious concerns—especially in family law cases, where sensitive personal information is often laid bare.
The Shift to Digital: What’s New?
North Carolina’s eCourts system includes two major components:
- File & Serve: A portal for attorneys and self-represented litigants to submit documents electronically.
- eCourts Portal: A public-facing platform that allows anyone to search and view court records, including family law filings.
This means that divorce complaints, custody motions, and financial affidavits—unless sealed—can be accessed by anyone with an internet connection and a name or case number.
Why This Matters in Family Law
Family law cases are inherently personal. They often involve:
- Allegations of abuse or neglect
- Mental health evaluations
- Financial disclosures
- Custody disputes
- Intimate details of relationships
Historically, while these records were technically public, accessing them required a trip to the courthouse and a formal request. Now, with eCourts, the barrier to access has all but disappeared. This shift has made it easier for:
- Employers, landlords, or acquaintances to dig into someone’s personal history
- Abusive ex-partners to monitor filings
- Sensitive financial or medical information to be exposed
The Privacy Paradox
North Carolina law recognizes a constitutional right of access to court records, but courts also have the inherent authority to seal records when necessary to protect privacy and ensure justice. However, sealing is not automatic—it must be requested and justified, and it is often disfavored, as the public interest often outweighs the privacy interests of the litigants.
Many litigants are unaware of this option or assume their filings are private by default. In reality, unless a motion to seal is filed and granted, the information becomes part of the public record.
Real-World Implications
Consider these scenarios:
- A parent files for custody and includes allegations of substance abuse against the other parent. These claims, whether proven or not, become publicly accessible.
- A divorce filing includes detailed financial disclosures, which could be exploited by identity thieves or business competitors.
These are not hypothetical concerns—they are real risks that families face in the digital age.
What Can Be Done?
- Educate Litigants and Attorneys: Everyone involved in family law should understand the public nature of filings and the process for sealing sensitive documents.
- Use Alternative Dispute Resolution: Mediation and separation agreements can resolve issues privately without court filings.
- Request Sealing When Appropriate: Courts can seal records involving minors or sensitive financial data.
- Limit Detail in Filings: Where possible, avoid including unnecessary personal information in pleadings.
Conclusion
North Carolina’s eCourts system is a leap forward in judicial accessibility—but it comes with a cost. In family law, where the stakes are deeply personal, the public nature of court records can be a hidden hazard. As we embrace digital justice, we must also advocate for digital privacy, ensuring that families are protected, not exposed, by the very system meant to serve them.
If you’re still wondering about the ways your can resolve the issues pertaining to your separation or divorce without making all its details public and for the world to see, schedule a consultation with Schmitz Law by calling 336-714-2380.