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Case Notes

By ljnstaff | Law Journal Newsletters
December 01, 2016

News Agencies Wanted Trump's Divorce Records: Judge Said 'No'

Manhattan Supreme Court Judge Frank Nervo recently issued a decision denying The New York Times' and Gannet Co., Inc.'s motion to unseal the divorce records of Donald and Ivana Trump. The journalism organizations argued in their August 2016 motion papers that the public had a right to know what went on in the divorce proceedings because it would shed light on Mr. Trump's credibility, finances and treatment of women, among other things.

Under New York law, the records of matrimonial proceedings are sealed as a matter of course. They can be unsealed by judicial order in appropriate cases, according to Domestic Relations Law (DRL) Section 235(1). The movants pointed out that some courts nationwide have unsealed the divorce proceeding records of political candidates, and they pressed the court to do the same in this instance, in the public interest. Ultimately, they claimed, the knowledge of the workings of the Trump marriage and divorce would help American voters to decide whether they wanted to elect Mr. Trump to the presidency.

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