How Can I Keep My Divorce Private?
By Cassandra Daniels | May 2, 2023
If you’re thinking about filing for divorce in Texas, you may have wondered, “How do I keep my divorce private?”
Divorce can be an extremely sensitive matter that many individuals hope they never need to discuss with anyone other than their close family or friends. Other divorcing couples may not want to speak about it to anyone at all.
However, Google alone handles about 63,000 search queries per second, which means the likelihood of someone searching for your personal information isn’t zero. Living in an era where everything is online makes it easier than ever to search for details about anyone you’ve ever met, sometimes without them knowing. What may be even more shocking is that anyone can potentially have access to your personal information regarding your marriage or divorce simply by doing an online search. This may worry some individuals as this type of information in certain hands could lead to conflict within their personal lives.
If you’re planning to file for divorce but want to keep your information as private as possible, there are a few ways to go about doing so.Searching for a divorce attorney in Houston? Contact Daniels Law Firm.
5 Ways To Protect The Details Of Your Divorce In Texas
Many Texans may be shocked to learn that divorce records in the Lone Star State are generally considered public. This means it is possible for someone to search for basic information regarding your divorce within an index of marriage and divorce records online.
This particular search may or may not reveal the following information:
- File Number
- Names of Parties
- Ages of Parties
- Marriage Date
- Place of Marriage
- Number of Children Under 18
- Marriage Dissolved Date
- County Name and Code Where Decree is Filed
Here are 5 steps you can take to answer the question, “How can I keep my divorce private in Texas?”
1. Ask About Concealing Your Identity In The Divorce Decree
Before you rush to file for divorce, you should hire a divorce attorney who is deeply familiar with the Texas Family Code to guide you throughout your divorce. Not only can having a divorce attorney make the process easier for you, but they can also offer an optimal strategy for your case moving forward.
Moreover, they will know what to do when and if you choose to request that the details of your divorce be hidden. The best way to get this conversation going is by bringing it up at an initial consultation. The sooner your attorney is aware of your request, the better chances you have of ensuring your privacy.
Your attorney will look into the possibility of granting your request and may bring up asking to conceal your identity within your Petition for Divorce. Because this is one of the first steps when filing for divorce, it’s essential that you let your divorce attorney know as soon as possible regarding your request for privacy.
Need a divorce attorney who listens to your privacy concerns? Talk to the team at Daniels Law Firm.
2. Sealing Family Law Case Records In Texas
Another common way many divorcing individuals request privacy in their case is by asking for their divorce records to be sealed.
The Texas Rules of Civil Procedure In Rule 76(a) says that while some records can be left open, the rule itself exempts “documents filed in an action arising under the Family Code.” To put this into simpler terms, this means that divorce cases fall under this exemption.
However, for divorce records, there are a few key requirements that must be met before they can be sealed. These requirements include maintaining that case information isn’t necessary for the public to know as it does not have an impact on its health or safety. If this notion is true, those records should be able to be sealed by providing a written motion.
3. Mark Certain Documents As Confidential
You can also talk to your attorney about marking certain documents as containing sensitive information to clarify that the particulars should not otherwise be shared. This extends beyond the details of your divorce to personal, identifying information like social security numbers, birthdates, etc.
4. Consider Mediation Instead Of Litigation
Going to court for your divorce opens yourself and your spouse up to the public where anyone can sit and observe your particular case. So, instead of taking your case to the inside of a courtroom, work with your spouse and their attorney to reach an agreement.
This can be tough for those with strong disagreements about sensitive subjects such as child custody or visitation. Nevertheless, it’s important to be able to compromise and hash out any issues during mediation to best avoid public scrutiny.
5. Make A List & Include A Confidentiality Clause In The Final Decree Of Divorce
You may be familiar with confidentiality clauses in a divorce when hearing about high-profile cases featuring celebrities, well-known political figures, and other notable members of society. This is also a step you may be able to take yourself to conceal your information.
Whether you take this step on your own or in a meeting with your attorney, you should make a list of everything you would like to keep confidential. Your attorney will then take the actions necessary to include your wishes in the Final Decree of Divorce in your case.
It’s important to know that doing this cannot guarantee that any concealed information won’t get out to the public. However, this does give you the right to take legal action if the other party violates the clause. You can think of this specific step as one that provides an extra layer of protection after your divorce is finalized.
Concerned About Keeping Divorce Information Private?
Before filing for divorce in Texas, you should reach out to an attorney who can help. They may not be able to promise you without a doubt that your information will stay confidential, but they can do everything within their power to take legal action to best ensure your privacy.
If you have serious concerns about your privacy before getting a divorce in Texas, don’t wait to take the initiative.
Contact Daniels Law Firm in Houston today.
The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Daniels Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.