A contentious divorce can make sensitive private matters public. When a divorce is litigated before a judge, court records containing grounds for the divorce and financial matters may be accessed by anyone. This can be especially difficult for those visible in their communities and industries.
However, divorcing couples have options to maintain their privacy. Keeping your divorce out of the public eye can be challenging, but some strategies make it possible.
Reasons for maintaining privacy
Divorce records are generally considered public records. While divorce decrees are public, you can take specific steps to keep certain information private. This can help you avoid:
- Emotional distress: Exposing your divorce details can cause stress and anxiety, especially in conservative communities.
- Negative impact on your children: Limiting your children’s exposure to the divorce process can help keep them from emotional harm and build a stable environment. They could also avoid social challenges that can come with public scrutiny.
- Prolonged conflict: Public scrutiny can worsen disputes and hinder amicable agreements.
- Financial risks: Public knowledge of financial details puts you at risk of issues like identity theft and fraud.
- Reputation damage: Public disputes can harm the divorcing couple’s reputations and relationships, both personal and professional.
However, it can also be helpful to consider the benefits of keeping a divorce public, such as increased support and transparency.
Strategies for keeping your divorce private
There are several ways to keep details confidential with the help of your attorney, which include:
- Alternative dispute resolution: Instead of going to court, you can opt for mediation or collaborative divorce to keep sensitive information from public records.
- Sealing records: You can petition to seal your divorce records by providing a compelling reason to the court.
- Confidentiality agreements: You can include confidentiality clauses in your divorce settlement to prevent either party from disclosing details.
- Private negotiations: You can conduct negotiations and settlements outside of the courtroom.
- Limiting public discussions: You can agree to avoid discussing your divorce with anyone not bound by confidentiality, such as friends, family or social media users.
Divorce privacy is not just about protecting your personal information. It can also mitigate impacts on your family’s security, stability and social life.
Consulting an experienced divorce attorney is advisable to help ensure you consider all your privacy options and meet all legal requirements of your divorce.