Protecting Private Information in a Divorce Record

 Posted on April 27, 2017 in Divorce

Illinois media outlets have taken interest in the divorce case of former U.S. Rep. Jesse Jackson Jr. because the case records include details about his possible improprieties. The coverage is a reminder that divorce records are public information, unless a court specifies otherwise. Reporters use their access rights to investigate public figures, but anyone can request to see the record of any divorce case. Spouses may use personal information as evidence to help determine divorce issues, such as division of property and allocation of parental responsibility. Submitting the evidence can make sensitive information part of the public record, including:

• Business valuations and trade secrets;
• Accounts of past infidelity;
• Accusations of criminal offenses that did not result in official charges; and
• Details about someone’s private life.

There are actions you can take during your divorce that can protect sensitive information in your case from becoming public.

Sealing Records

You can request that the court seals parts of your divorce case record from public access, but you must prove that the action is necessary. Saying that the information is embarrassing is not a sufficient reason. You must show that protecting yourself from the damage you would suffer if the information becomes public is more important than the public’s right to transparency in a court case. Your request should not seek to seal off any more information than is necessary. Common arguments for sealing information include:

• Keeping proprietary business details private;
• Hiding personal identification details, such as social security numbers;
• Protecting the identity of children and domestic violence victims; and
• Preventing the spread of false accusations.

A person requesting to see your divorce records can also see the court order to seal parts of the record. That person may challenge the court’s decision if he or she believes there is not a compelling reason to seal the information.

Mediation

Mediation may be the surest way to protect personal information during a divorce. In many cases, sensitive details become public record because they are presented as evidence during the divorce negotiation. When using mediation, your divorce negotiations are confidential. Once negotiations are complete, your attorney will write up the final agreement, which will be submitted to the court and become public record. However, mediation is not successful unless the divorcing spouses can cooperate with each other during the negotiations.

Divorce Privacy

You must be proactive in protecting your privacy during your divorce. A Kane County divorce attorney at Goostree Law Group understands your need to keep sensitive information confidential. Call 630-584-4800 for a free consultation.

Source:

http://www.dmlp.org/legal-guide/illinois-state-court-records