Informing friends and family about an impending divorce is a conversation that most avoid as long as possible. Few want to admit their marriage has failed, or explain the details of what led to the decision to separate. Now, imagine having to disclose this potentially embarrassing information to total strangers. This is the situation faced by everyone who goes through a traditional, litigation-based divorce. Generally, everything filed with a court is considered a public record, and thus, available to anyone.

While this situation is never ideal for divorcing parties, before the internet existed, someone wishing to look at case records had to physically visit the courthouse to request access. Consequently, the likelihood of a random person learning the details of a divorce case was fairly slim. However, with everything now available online 24 hours a day, keeping information private is much more difficult, but not impossible. Hunter Biden, son of former Vice President Joe Biden, and his wife appear to understand the appeal of keeping information about their divorce private, as they are seeking to halt pending litigation and instead resolve the matter cordially and privately. Divorcing couples have several options to keep the details of their split out of the public eye, some being rather easy to implement and others much more complicated. A discussion of a few methods couples seeking divorce can use to limit public disclosure will follow below.

Sealing Court Records

It is a fundamental tenet of American law that the public has access to records related to official acts of government, including decisions by the courts. Though the courts decide private matters, because the authority to make these decisions derives from its function as a branch of government, the public is entitled to access records related to the exercise of this power. The courts can limit access in certain cases, known as sealing case records, but the reason behind such a request must be compelling. Specifically, anyone who could be potentially affected by the release of information contained within court documents, meaning not just the parties to a case, can request a court to restrict public access to this information. However, this individual must convince the court that one of the following is true:

• The public’s interest will be preserved by prohibiting access;
• Release of the information will expose the requestor, another person or the general public to harm; or
• Prohibiting public access is necessary to avoid damage to the ongoing proceeding.

The court may require a public hearing before ruling on such a request to allow the public an opportunity to argue why access should continue.

As is likely apparent, this is a high bar to meet, and potential embarrassment, inconvenience or regret by a party will not be enough to convince a court.

Alternative Dispute Resolution

A much easier method of keeping the proceedings of a court out of the public domain is to settle any issues through an alternative dispute resolution process, such as mediation or collaborative divorce. These options for resolving legal conflict allow the parties to keep the terms of settlement over property, child custody, support and the like private and inaccessible to the public. These methods are often faster, less expensive, and allow for more flexibility by the parties to find solutions to points of disagreement. Neutral third parties and legal counsel facilitate discussions between the parties until all disputed issues are settled, or it becomes apparent that agreement is not possible. In the latter instance, litigation may be the best option, after consulting with an attorney.

Talk with a Divorce Attorney

Knowing the best way to proceed in a divorce is not always clear, but an experienced divorce attorney can lay out all your options and advise you on the best choice given your specific situation. Attorney Christopher L. Arrington knows how disruptive and overwhelming divorce can be, and is ready to answer your questions as he guides you through the legal process. Christopher Arrington works with clients in the Indianapolis area. Contact him today to schedule an appointment.