Marriage Background Checks: See if Someone is Married Free

Jayson Baxter

August 5, 2022

Marriage is a huge stepping stone in any relationship and before tying the knot, prospective spouses can mutually benefit from a marriage background check regardless of the false notion that background checks imply a lack of trust.

Despite what others may say, a premarital investigation shows that partners care enough about each other in order to get everything out in the open and make the holy matrimony successful long-term.

Sure, premarital background checks can uncover someone’s secret past lives or divorces, but they can also ensure holy matrimony is for life, and that tying the knot is beneficial to both parties long-term.

What Information Shows Up On a Marriage Background Check Report?

Premarital Background checks can return a great deal of information depending on the state’s repositories, open record laws, the thoroughness of the background check, and what information is available online.

A prospective spouse, for example, might be interested in a partner’s marriage, family, or divorce history, whether the partner has a criminal past, the partner’s dents and finances or ownership of businesses and property, or the partner’s professional and educational certifications.

The issues that are important to a prospective spouse will then guide his or her prenuptial background check research strategy and the types and thoroughness of the analyses that will be performed.

Does Marriage and Divorce Show Up On a Background Check?

One purpose of doing a marital background check is to ensure there were no previous, undisclosed marriages or divorces. Through vital records, private citizens can search public marriage records and divorce records, but because those public records are maintained at a county or local level, the accuracy of the results varies from locale to locale.

Further, some states restrict the availability of marriage records to third parties or allow the parties to a marriage to opt-out of allowing their marriage information to be available through a local state or county database.

So yes, marriage and divorce records may show up on a background check but it’s determined by the laws surrounding vital records in any given state.

Other Details Spouse Background Checks Reveal

Conducting a premarital screening on a future spouse can reveal more than whether or not the person was previously (or currently) married.

Other potential secrets that may be uncovered during a marital screening include:

• Criminal History: A prenuptial background check can reveal if a person was convicted of a criminal offense in the past. This can be particularly helpful in cases involving domestic violence, sexual assault, and drug convictions.
• Civil Court History: Running a premarital background check can reveal if any liens or civil action has been entered against the subject. This could include child support obligations, small claims suits, or other civil actions.
• Bankruptcies: If the subject has filed for bankruptcy in the past it can show up on a premarital background check.
• Credit History: A premarital background check can reveal credit history and show any outstanding debts the person has.
• Property Holdings: Property tax records reveal what kind of real and personal property (such as vehicles, motor homes, boats, or other taxable items) the subject owns.
• Identification Verification: A premarital background check can also be used to verify the identity of the subject since it’s not uncommon for swindlers to hide their identity for years if necessary. So if you’re not 100% of your spouses identity and want to find someone’s middle name, it surely can’t hurt to verify who they actually are.
• Social Media: The background check can also show social media usage alerting a person if their spouse-to-be has secret social media profiles, such as dating profiles.

Should I Run a Premarital Background Check On My Prospective Spouse?

Running a premarital background check is not for everyone, but it does have its advantages and doesn’t necessarily imply a lack of trust. Whether or not there are doubts or the bride or groom-to-be notices some red flags, a pre-marriage check can help find out what secrets, if any, are being kept.

Ultimately, learning more about a potential spouse can help alleviate heartaches later on, and may help prevent the marriage from ending in divorce.

Should You Run a Marriage Background Check On Your Wife or Husband?

Sometimes red flags aren’t noticed until after the “I dos” have been said. In that case, where there are suspicions, a premarital screening may be in order. Spouse background checks can reveal if one party has undisclosed debts, secret personal associations (secret family), or other activities that can damage a marriage.

Thus, a marriage background check can provide peace of mind.

Top Reasons To Run a Premarital Background Check Before Marriage

There are several benefits to running a background check prior to heading to the altar. These benefits include protection from a potentially violent spouse, ensuring one doesn’t marry a spouse who was convicted as a sexual predator, saving money, revealing hidden debts, establishing financial security, and learning about past substance abuse issues.

Be Sure You’re Not Marrying Someone Convicted of Violent Crimes

Finding out a potential life partner has been convicted of a violent crime can be a deal breaker for many. A premarital background check can reveal if the subject has been convicted of domestic violence, sexual assault, child abuse, or animal abuse, as well as a history of weapons used in the commission of crimes.

The Dru Sjodin National Sex Offender Registry is one method of doing a quick, easy online search to see if someone has been convicted of a sex offense anywhere in the United States and its territories.¹

Avoid Paying a Loved One’s Hidden Debt

Many people don’t reveal all their debt to a soon-to-be spouse, and this can create a great deal of tension in a marriage. While legally a person is not responsible for debts their spouse incurred before marriage in most situations, those debts still impact both parties by creating a financial burden.

If either party owes a federal tax (along with any penalties) debt, the IRS may collect from either spouse in states that have community property laws unless there is a prenuptial agreement that specifically addresses property division.²

Ensure Your Soon To Be Spouse is Financially Secure

Just like hidden debts, some individuals don’t reveal if they have a poor credit score or have filed for bankruptcy in the past. This information can impact the couple’s future regarding buying a home, purchasing or leasing vehicles, leasing an apartment, or any other activity that requires a credit check.

Bankruptcy records can be searched through the Public Access to Court Electronic Records (PACER) through the United States Federal Court System.³

Learn About Past Drug Problems That Could Ruin a Couple

Drugs can create a lot of damage in a family, and learning a future spouse has convictions for drug-related offenses can be a deal breaker for many. Issues that could arise from past drug problems include relapse, criminal charges, and financial strain for treatment.

Records that will show substance abuse history include criminal convictions for drug-related offenses or DUI/DWI convictions. Treatment-related records are considered protected under HIPAA’s guidance for mental health and substance abuse treatment facilities.⁴

How Do I Perform a Premarital Background Check Before Tying the Knot?

There are two basic ways to conduct a premarital background check. The first is for the individual to dig through each individual public record in the hopes the information is revealed. This can be very time-consuming, and may not generate any information due to there being several agencies to check with, and if the person has lived in other states or counties. However, here are some places to look for criminal records, court records, prisoner records and offender registries:

• State law enforcement agencies. Depending on your state, this may be the State Police, the Department of Public Safety, the Bureau of Investigations etc. Simply search your preferred search engine for “[State] criminal record search” and sort through the government websites. Here is a list of states and their law enforcement agencies that can be contacted. There is typically a small fee for these searches but some states have free felony checks.
• The county clerk of court, county district court, or county circuit courts. The clerk handles general inquires and is one of the primary record custodians for criminal records. The district and circuit courts generally host and distribute criminal records too. You can search for “criminal or county courts near me” to see which ones are nearby and most have public access terminals for in-person requests and/or online search portals.
• The Department of Corrections for state prisoner records, and the Bureau of Prisons. State prison information may show if someone is on probation in some states and current prisoners. Federal prison records has historical information and current inmates.
• The National Sex Offender Registry, drug registries, violent offender registries and others. The sex offender registry is self explanatory but some states also have other types of registries. For example, Tennessee has a Drug Offender Registry, Oklahoma has a Meth Registry, and Utah has a White Collar Crime Offender Registry. There are many more ranging from elder abuse, violent crimes, child abuse etc. Simply search for “[State] offender registry” to see what your state provides.

The second method is to use a third-party search service that has access to databases nationwide and can return a comprehensive report in minutes.

What’s the Best Way To Check If My Spouse or Prospective Spouse Has Been Married or Divorced?

Finding marriage and divorce records can take time, and not every state has open records laws. Some states only make these records public after a set time frame has passed (anywhere from 25-50 years in most cases).

The three main ways to locate marriage or divorce records are:

1. Contact the vital statistics office in the state where the marriage occurred. The vital statistics office will either have an online portal to request records (or search records) or will use VitalChek as the required method of requesting records. Not every state utilizes VitalChek for public record dissemination.
2. The county clerk of court’s office or register of deeds office where the marriage license was granted may provide the information requested. Divorce records are also usually maintained by the court clerks where the action was filed. These requests can sometimes be done online or in person.
3. Utilizing a paid third-party search site or a private investigator may be the best option for detailed records, especially in states that do not make marriage and divorce records public information.

A list of where to start searching for marriage and divorce records in each state is provided in the table below:

*State law strictly limits the release of marriage records to those with a tangible interest until a certain time period has elapsed (usually 25-50 years).

**State law strictly limits the release of marriage and divorce records to those with a tangible interest until a certain time period has elapsed (usually 25-50 years).

+Divorce records are not considered public records.

Can I Also Look Up a Potential Spouse’s Criminal History for Free Included in a Report of Pre-Marriage Background Checks?

There are some states that allow free searches of state correctional records. Each state has its own rules and regulations regarding state corrections offender searches. The states below have a free criminal record search feature through either a unified court system or another platform available to the public.

• Arizona
• Colorado
• Connecticut
• Iowa
• Kansas
• Kentucky
• Maryland
• Michigan
• Minnesota
• Missouri
• New Jersey
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• South Carolina
• South Dakota
• Tennessee
• Virginia
• Washington
• Wisconsin

Simply go to a search engine, and type “Criminal Records Search + [State]”, where [State] is one of the states above. Then look for the .gov websites near the top of the search results while ignoring others. Other states may have a way to check criminal records through local court records, public record requests, or other paid options and there are always third-party services to check for criminal records quickly.

In addition, a federal inmate verification can be accessed through the Bureau of Prisons (BOP) online portal and they have historical data.⁵

All in all, running a premarital screening is not an indication of mistrust, it is a way to ensure the union is starting off on solid footing and what challenges the couple may face. Using a background search service is the quickest way to learn about a potential spouse. Learning how to uncover someone’s secret past is the first step in conducting a marriage background check.

Frequently Asked Questions