How Can I Keep My Divorce Private?

Of course, your divorce is a very personal matter you have to deal with, and it may not exactly be your proudest moment either. With that, you may want to keep your ongoing litigated proceedings secretive and only inform parties that will be directly affected by this case, which is most likely only your children. In keeping this extent of secrecy, the last thing you may want is sensitive information about your family, finances, and overall reputation made easily available to the general public. With that being said, please continue reading to learn how to keep your divorce private and how an experienced Nassau County divorce lawyer at the Law Offices of Jay D. Raxenberg, P.C., can help keep your personal matters safe.

Are divorce records public in New York?

Well, you may be relieved to learn that New York law keeps divorce records relatively private compared to other states. Here, divorce-related filings are treated as confidential and sealed matrimonial records rather than typical civil court records. This means generally only you, your spouse, and your respective lawyers may gain access to the full file.

It is worth mentioning, though, that the case caption, including your names, the county where your case was filed, and the case index number, is made public and discoverable. Also, outside parties may acquire access to this full record if they attain a notarized letter of authorization from you or your spouse, one of your respective lawyers, or the court.

With this, they usually have to demonstrate their involvement in a related litigation in which this record is deemed necessary evidence. All of this to say that while the privacy of your divorce case is not necessarily absolute, it is definitely controlled considerably.

What legal tools can I use to keep my divorce case private?

The first thing you may recommend for you and your spouse, if privacy is of top importance to you, is to attempt an uncontested divorce. This is so you may privately settle on key divorce-related terms, like alimony, child support, child custody, and property division. In turn, your divorce case may require fewer motions, exhibits, and detailed filings, so less personal information will appear on written court documents.

Otherwise, if you and your spouse cannot remain amicable and reach an agreement independently, your hired lawyer may take legal measures to protect your privacy. For one, they may draft affidavits, motion papers, and other filings on your behalf to ensure that no unnecessary details will be shared and stored in court records.

Secondly, your lawyer may petition for a protective order that will seal your divorce record beyond the normal confidentiality standards. For example, they may demonstrate that there is unusually sensitive business, financial, or medical information that puts you at an extreme risk for harm, blackmail, etc. Overall, vague embarrassment is not enough to sway the court towards these extra precautions.

To conclude, if you are ready to step foot into this legal path, do not do so until you have retained a skilled Long Island family lawyer from the Law Offices of Jay D. Raxenberg, P.C. We look forward to your phone call and to taking on your case.