Spouses in high-profile careers and with extensive marital estates may worry about what happens during a divorce. They do not want the fallout from changes in their personal life to damage their professional prospects or to make a list of their assets and debts public record during a litigated divorce.
Concerns about privacy during high-asset California divorces are common, as litigation in family court is typically public record, and hearings are open to the public.
How can those preparing for divorce optimize their privacy?
Push to settle outside of court
Divorce does not always require litigation. Even in cases where there are intense disagreements about property distribution, custody matters or financial support, spouses can find ways to settle their disagreements and proceed with an uncontested divorce.
If they settle their disputes outside of court, only the signed agreements they present to the courts to guide the final orders become part of the public record. Any issues they discuss as they negotiate outside of court remain private.
Spouses often need assistance from outside professionals, ranging from child care specialists to financial advisors, as they work toward an amicable settlement in a high-asset divorce. In scenarios where emotions run high and there are allegations of misconduct, reaching a settlement that includes a mutual non-disparagement clause can also help protect the privacy and reputation of the divorcing spouses.
Discussing privacy concerns with an attorney early in the high-asset divorce process can help spouses limit reputation-damaging public disclosures. The right approach to divorce can minimize the damaging fallout of the end of a marriage.