What can you do to protect your private information in a divorce?
While, yes, it is true that many of the documents filed with the Court, including your final divorce agreement, will be public records, you may find it reassuring that there are some ways to protect your privacy.
Categorical Exemptions for Public Records
Some scholars argue that there should be categorical exemptions for public records of cases involving custody, divorce cases involving children, and other juvenile proceedings. This would include a case-by-case examination of the details of the case. This is a very similar solution to what we have now. In fact, the Massachusetts Family and Probate Court already provide a list of exemptions that are available to view here. An example of this process is documents such as reports by the Department of Children and Families and Guardian ad Litem are automatically redacted from public records, when the clerk sees those titles, they do not scan them into the computer to be published. While this mitigates details about your children’s privacy being publicly exposed, there are still many documents, including motions, affidavits, and complaints, that contain this information.
Limiting Access to Public Records
Others argue that only people serving in the child’s best interests, such as caseworkers, schoolteachers, counselors, or police officers, should have access to the records. This may sound like a good suggestion; however, it does not provide the public the ability to scrutinize whether the welfare systems failed to protect the child. In this scenario, we must rely on certain individuals to speak out when they see something, but when facing pressures to either keep their jobs or to not further stir the pot, they may not.
The Court Redacts Private Information
Another potential solution, which has yet to be actualized, would be for the Court to meticulously redact private information from each document before it’s published on public records. The only problem with this is that on any given day in one courthouse, spreading out across 3 to 5 judges, there are about 70 cases that are seen. In some cases, there are over 200 filed documents. Realistically, it’s difficult to foresee a system where the Court would have the time to read through each document and redact information that they deem private. It also makes the judge the final arbiter of what the public sees and doesn’t see, which, depending on the judge, there will likely be inconsistencies.
Proposed Solution
Since the attorneys produce most of the documents being submitted to the judge, it should be on them to redact private information. Family Court attorneys know their clients’ lives in full detail, giving a clear picture of their wants and needs. They know what information is damaging in public hands and which allows for the most judicial transparency. This solution would not slow down the court process because there will be one version produced for the judge and one redacted version sent to the public record.
Conclusion
However, these solutions are as if now are hypothetical. The responsibility to protect your family’s privacy is in your and your attorney’s hands. Motions, affidavits, etc., can be meticulously crafted to include only the information you want out there. While your priority should be providing the court with the details that will lend you the best outcome to your case, you should remain cautious about what you are saying. You know what is best for your family, what details would be damaging, and which ones are helpful. While using your attorney’s guidance, use your best judgment to protect yourself.