Some people who are considering a divorce may be wary of going through the process because they’re concerned about their private matters, typically finances, becoming part of the public record. High-asset divorces often contain sensitive financial records and information about assets.
Court filings are typically available for the public to view unless a specific rule or court order limits that access. This means that anyone can look at financial disclosures, pleadings, exhibits, and hearing details. Those may have the ability to affect a person’s reputation, personal life, or business relationships.
How can privacy be maintained during a divorce?
One option that’s possible is having the records sealed, but this isn’t automatic. The court will likely require a legally valid reason to seal a case, and seeking financial privacy typically doesn’t meet that standard. All requests to seal records must be carefully tied to the facts of the case and applicable procedure.
Confidentiality agreements during the discovery phase can also help to maintain privacy during a divorce. These agreements can limit which documents are used, who can view the documents, and how they must be stored. Divorces that include information about business matters, tax records, client lists, or other proprietary information usually include a confidentiality agreement.
Another option is to use mediation to resolve matters. Communication during mediation has specific privacy protections under Texas law. This may make mediation a more attractive resolution option if both parties want to maintain privacy about matters related to child custody, property division, support, and everything else contained in the divorce.
Privacy in divorce doesn’t mean hiding assets or avoiding the required disclosures. Instead, it means using lawful procedures to reduce publicly available information while ending a marriage.