Maintaining Privacy in Your Divorce

Divorce can be a public affair. Information in a traditional, litigated divorce is often part of the public record. Multiple motions (some with affidavits alleging bad behavior attached), pleadings, lists of assets, and sworn statements are all filed with the court clerk. In most cases anyone, regardless of their motives, can view and copy documents. Hearings are held in open court for which transcripts are readily available. For some people, that is not a concern. For others, the threat of publicity can become a coercive weapon.

You have options that can protect your privacy in divorce. Protecting privacy has developed into one of the most important advantages of collaborative divorce. Almost everyone has an interest in keeping some information out of the public eye. Details about people’s personal lives, habits, health and relationships are generally considered not to be for publication. Likewise, business executives and professionals do not want friends, relatives or competitors to know details about their business or profession. The collaborative divorce model provides a safe, private venue for clients who must deal with family law matters. Minimal paperwork is filed with the court, and the papers that are filed generally contain no facts specific to the people involved in the case. The only time anyone goes to court in a Collaborative case is to make a short appearance to get a judge to grant the agreed divorce on terms to which the husband and wife have agreed.