Divorce is a personal process. Due to state laws, it can be a public one as well. The Golden State has legal requirements requiring disclosure and transparency. That means your private financial, personal, and familial details could be exposed.
While it might seem as if you cannot keep these details private, there are a couple of steps to take to protect yourself in the process. Here are a few tips for protecting your privacy during a California divorce.
California’s Public Record Laws
Most divorce-related documents, such as petitions, financial disclosures, and court orders, become part of the public record. That means that the general public can access them. You can take a few steps to protect sensitive information, such as:
- Sealing certain records: Many times, you can request that certain documents be sealed. However, there must be a specific reason, such as protecting sensitive financial details.
- Avoid going to court: If you can avoid the court process, you might be able to minimize the amount of information filed in public court documents.
Use the Mediation or Collaborative Divorce Process
Litigated divorces are public because they require filing motions, attending court hearings, and producing extensive documentation. With mediation or collaborative divorce, spouses can negotiate agreements outside of court. In turn, that can reduce the number of public filings.
However, these options are not always viable. Sometimes, if you have a contentious divorce, you will need litigation to resolve those issues.
Think About Your Digital Privacy
In our digital world, emails, text messages, and online activity can be used as evidence. Once you start the divorce process, you will want to protect your accounts. Make sure to change passwords for email, bank accounts, and social media platforms to prevent unauthorized access.
Protect All Financial Information
Financial disclosures are a mandatory part of the divorce process in California. However, not all financial information needs to become public. You may want to work with a financial advisor to help organize and present financial information while protecting sensitive details. They can also help to make sure personal identifying information is redacted from documents filed with the court.
Consider Your Children’s Privacy
If children are involved in the divorce, you will want to shield their information. Custody arrangements, support details, and parenting plans are personal issues. The last thing you want to do is have all those details widely shared.
In these cases, avoid sharing any details about the divorce online. You may also want to limit your discussion about the matter in person. Sometimes, if any sensitive data involves a minor, the court could seal those records.
Work with a California Divorce Lawyer
An experienced divorce attorney can assist with these privacy issues. They can also help make sure that your sensitive information stays private. They can:
- Advocate for privacy protections: Your attorney can request sealed records or limited disclosure in your case.
- Suggest settlement options: They can also recommend alternative dispute resolution methods to avoid public litigation.
- Assure compliance with legal requirements: Your attorney can protect your interests while meeting California’s mandatory disclosure obligations.
When privacy matters in your case, you will want to reach out to an experienced California divorce lawyer to help guide you throughout this process.
Consider Prenuptial or Postnuptial Agreements
Thinking ahead can save a lot of headaches down the road. If you are in the early stages of divorce or considering marriage, prenuptial or postnuptial agreements can help. These agreements can specify how assets will be divided. In turn, that can reduce the need for public disputes. Along with that, you can add confidentiality clauses that require both parties to keep certain details private.
Learn More About Protecting Your Privacy
Divorce in California can be an emotionally charged process. And when it can expose some private details, that can add to the stress. Taking these steps to protect your personal and financial information will lead to a smoother divorce process and provide a more secure transition to the next chapter of your life.
If you need more tips for protecting your privacy during a California divorce, Roberts & Zatlin Law Office is here to help. Our team can assist with your divorce. To schedule a consultation and receive a free initial assessment of your case, please call (951) 381-8147 today.