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How Can I Keep My Divorce Details Private? 

Posted on in Divorce

 Western Spring Divorce AttorneyThe prospect of getting divorced is never easy, but for high-profile or public-facing individuals in Illinois, divorce comes with the additional difficulty of potentially drawing the attention of the public. Public servants, media figures, and high-net-worth individuals often have journalists, photographers, and nosy neighbors who seek personal information, following them and searching for details to sell or discuss online.  

In addition to the frustration and embarrassment this may cause, having personal information go public can make the overall divorce process much more stressful. Fortunately, there are things you can do to keep your divorce private. An attorney with experience in high-profile divorces can help you maintain privacy while creating a divorce strategy that works to your benefit. 

File for a Protective Order During Discovery

Spouses can file for protective orders during the discovery process when spouses and their attorneys are requesting and passing information back and forth. Protective orders prohibit spouses from sharing private information such as bank statements or business contracts from anyone besides their attorneys. Judges can grant protective orders even if the only reason is to prevent unreasonable annoyance or disadvantages to one spouse. This prevents spouses from going public with the personal details of the other spouse, under threat of being held in contempt of court. 

Request Sealed Records

Generally, members of the public can request access to public records, and, with few exceptions, divorce documents are considered public records. But spouses can request some or all of their divorce documents be placed under seal if a spouse’s need to seal the records is more important than the public’s ability to access the records. Doing so is difficult and unusual, and a competent attorney can help create and present to a judge a compelling case for sealing your records. Often, a request to have records sealed is more likely to be successful if the request is narrow and specific; a judge may not be willing to seal the entire divorce decree, but he or she may seal private financial information. 

Reference Issues and Agreements Rather Than Giving Details

When the divorce decree is finalized, it will include a Marital Settlement Agreement, which covers the financial details of the divorce, and a Parenting Agreement, which details how parents will work in relation to the children. Both of these agreements are extensively detailed and spouses who want to keep the details private can include them in the divorce decree by reference only, rather than by providing the documents themselves. However, this may introduce complications later on if one spouse wishes to modify the divorce decree, so it is very important to keep accurate records if you choose to go this route. 

Speak With a Discreet Western Springs, IL Divorce Attorney

The experienced DuPage County divorce attorneys with Botti Marinaccio, LTD. understand the importance of keeping your divorce details private. We have worked with many public-facing clients who need the utmost confidence that their attorneys can act with discretion and confidentiality. Schedule an initial consultation by calling our offices today at 630-575-8585 and find out how we can help you. 

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000 

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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