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Specialty tag(s): Pre-Divorce Guidance, Divorce

What Steps Can Be Taken to Maintain Privacy and Confidentiality Throughout Divorce Proceedings?

Rachel Rizzieri Feist | November 20, 2023

woman standing at kitchen island, looking at papers and her laptop

Divorce is an emotionally charged experience filled with sensitivities that demand discretion and privacy. During a trying time, such as this, you may wish to keep details about your personal life or your business dealings private. Thankfully, you have options for maintaining your privacy. The first step is to learn what you can do to ensure the privacy and confidentiality of your business during divorce proceedings and then take action to protect yourself and your assets.

Below is a list of 5 steps you can take to maintain privacy and confidentiality.

Use an Alternative Dispute Resolution Method for Your Divorce

Litigated divorces settled in court are, generally, a matter of public record. The details of these divorce proceedings are available for anyone to look up. Alternative dispute resolution methods, such as Collaborative Divorce and divorce mediation, are different and take place outside of the courtroom and can help keep the details of your divorce private. As added benefits, these approaches are often quicker and less expensive than a litigated divorce.

Consider a Confidentiality Clause

Confidentiality clauses are legal agreements that prohibit either party from discussing the divorce details publicly. Anyone who breaks the confidentiality clause faces legal consequences. While that may seem harsh, it is an effective way of maintaining privacy during and after the divorce. These documents can be especially beneficial for business owners who need to take steps to ensure the privacy and confidentiality of their personal matters and business during divorce proceedings.

Avoid Social Media

Business owner or not, social media rarely serves to promote and maintain anyone’s privacy. In the interest of privacy, consider limiting your social media use to “safe” topics. Do not post content that alludes to your divorce or your spouse. Even a seemingly innocuous post may inadvertently disclose details you don’t wish to share. Make sure that your social media accounts are set to the appropriate level of privacy and make sure that login information is not accessible to anyone else. Keeping your personal relationship and divorce off social media is also an easy way to show courtesy for your spouse; this is important when you are committed to working through the divorce process with dignity and civility.

Have the Divorce Records Sealed

Sealing your divorce records prevents the public from accessing sensitive information about your private life or business, but it isn’t always an option. This method is only viable in certain circumstances, and the process differs by jurisdiction. In most cases, however, you will need to make a specific request to have them sealed, and it needs to be backed up by a compelling reason, such as the protection of proprietary business information.

Turn to a Skilled Attorney Who is Dedicated to Your Best Interests

Those concerned about maintaining the privacy of their personal life or business throughout their divorce should voice their concerns to their attorney. An experienced divorce lawyer will know how to guide you through the process with the utmost discretion.

When you need help figuring out what steps you can take to maintain your privacy and confidentiality throughout your divorce, the skilled attorneys at Goranson Bain Ausley have the understanding and professionalism to best serve to business owners and their families. Contact us today to schedule a consultation.

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