Privacy and Confidentiality in Divorce  

One issue that often arises in a divorce is how to keep private information private. Most people do not want to air their “dirty laundry” in public. When there is a lot of conflict, privacy issues can sometimes make matters even worse. There are some steps that couples can take to lessen the intrusion into their private space.

Be Careful What You Share

Whatever information clients share with their attorney is private and protected by attorney/client privilege. That privilege goes away when the client shares the information with a third-party present, someone else. Divorcing couples need to be aware of this and establish their own parameters about not sharing.

Advice for all clients who are going through a divorce:

Divorce and Privacy
  • Do not post anything about your divorce on social media. You may be angry on one day and say things about your soon-to-be-ex-spouse that you regret the next.
  • Use caution when talking to your friends about your spouse, or before you share any information about your divorce. Anything you say to a friend is discoverable by your spouse’s attorney and can be used against you in the resolution of other issues such as property settlement, child custody, and/or child support.
  • If you must talk about your divorce issues, which you may need to do for your emotional health, talk to a therapist. Therapists have the same confidential requirement as attorneys. What you say to your therapist is privileged and will remain confidential.

Mediation Keeps Information Private

In traditional litigation, several documents get filed with the court. This includes information about the assets you share, any accusations one of you makes against the other and puts in writing, such as child custody, child support, and spousal support issues.

When there are disputes over these matters, the court will hold a hearing. The documents and the court are open to the public for anyone who is interested.

In mediation, you, your spouse, and your attorneys will meet with a mediator who will help to guide you to make to settlement agreement. The conversations that happen in mediation are confidential.

If you and your spouse reach an agreement, then in the end, you file a confidential Settlement Agreement with the court. It does not reveal specific conversations, but lets the court know that the two of you have an agreement.

For answers to your questions about how you can keep your personal information private during the divorce process, contact us at Martinez Legal P.C. where our motto is “lawyering with heart.” We have years of experience in helping our clients through this emotional time of their lives, so they can emerge from the process ready to embark on their new life.