Keep Some Sensitive Information Private by Sealing Divorce Records

Like other public records, information about divorces is open to the public and available to anyone who wishes to look them up

While this may not be that much of an issue for some, divorce lawyers find that for others, keeping certain personal details private is more recommended.

For those interested in having their divorce records sealed, divorce law firms can assist with that process, as it requires filing a valid reason with the family court as to why those records should be sealed.

What Are The Reasons To Request Privacy?

What are considered valid reasons for a divorce attorney to have their client’s divorce records sealed and made inaccessible to the public?

  • Mental Illness or Addictions of A Spouse - Divorces involving a spouse with a mental illness or some kind of addiction can be sealed by divorce law firms for the privacy of both spouses who have been dealing with those circumstances
  • Cases of Sexual Abuse or Child Abuse - Among all reasons why someone might request to have their divorce records sealed by the court, divorce lawyers find e is preferred by those involved in these cases.
  • Libel - False allegations between spouses can be extremely damaging when this information is publicly available. As such, divorce attorneys and their clients can request to the courts that this information be sealed to prevent damage to a spouse’s reputation by unproven accusations.

Can Financial Records Be Kept Private?

When it comes to financial records, it is a different story.

While the previous three types of information are requested to be sealed by divorce attorneys and then sealed by the family court to protect the privacy of the individuals involved, financial records are no longer generally able to be sealed by request, as it has been found to violate certain constitutional rights.

Instead, some divorce law firms can help their clients arrange for certain sensitive and identifying information to be redacted from public record, but that is all.

Some Info Can Be Kept Private In A Divorce – Some Cannot

Going through a divorce can be a challenging event, in part due to the fact that divorce records are considered public records that are accessible to anyone.

When spouses wish to privatize certain sensitive information such as accounts of mental illness, sexual abuse, child abuse, or damaging false allegations, an experienced divorce lawyer can help them present a compelling case to the family court to have those records sealed.

By properly demonstrating good cause and that leaving certain records open to the public could be damaging, spouses can hopefully succeed in a motion by their divorce attorney to have those sensitive records sealed.

Important Things to Know When Divorcing in Texas!

Getting divorced involves the same basic process no matter where the divorce is granted, plus or minus a few details depending on the state.

In Texas, divorce attorneys follow the rules of the Texas family court on how, when, and where a couple can file for a divorce and have it legally granted.

These tips can answer some of the most common questions that divorce lawyers receive on Texas divorce and how it must be done.

  1. Texas Is A No-Fault State - That means that couples may file with no grounds other than that of insupportability for an uncontested divorce. They may also file with grounds and a spouse can contest the divorce as well.
  2. A Texas Divorce Takes At Least 60 Days - There are no quick divorces that any family divorce attorney can help with in Texas. The minimum waiting period is 60 days.
  3. There Is A Residency Requirement - In addition to the 60-Day waiting period, divorce attorneys point out that one spouse must have been a resident of the state for at least 6 months before papers can be filed and the filing spouse must have been a resident of their county for at least 90 days before they can file.
  4. Couples Can Separate or Temporary Orders Can Be Issued - After papers are filed, it is recommended that couples separate during the waiting period. When there is disagreement about it, divorce lawyers can help their clients seek temporary orders to guide them during the course of the divorce procedure.
  5. Texas Is A Community Property State - Marital property will be split between the two spouses, though there is no rule that says it will be split 50/50. Typically, family divorce attorneys will help their clients negotiate property dispersal and when necessary, the court may also weigh in on this process to have a fair distribution based on the individual circumstance.
  6. Mediation Is Preferred Whenever Possible - Negotiation through mediation is preferred by most divorce lawyers in Texas as long as both spouses are willing to compromise and work together. When this is not possible or if mediation fails, the case can proceed to a court hearing before a judge.
  7. Alimony Is Not Usually Awarded In Texas - It is very rare for a spouse to be awarded alimony in Texas, as it is only awarded in situations where one spouse is unable to provide for themselves for some valid reason.

When seeking a divorce in Texas, it is important for spouses to understand what to expect surrounding these important specifics.

To learn more or discuss concerns about grounds, living situations, the distribution of property, or other issues, find a knowledgeable Texas divorce attorney who can help!