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Privacy and Confidentiality in a Divorce

April 19, 2021 By Lynette Kim

Maintaining privacy during a divorce is critical for the well-being of everyone involved, but the intensity of emotions sometimes makes that difficult.  The process goes smoother when both parties respect each other’s privacy.  Here are a few tips on maintaining privacy in a divorce.

Maintain Privacy for Your Spouse

Both spouses should refrain from speaking negatively and breaching privacy about their former partner to friends and family.  This is especially important if the couple has minor children together since they will need to maintain a respectful co-parenting relationship moving forward.

Seek Counseling

Confidentiality and Privacy in a Collaborative Divorce

Discussions should be directed away from what led up to the divorce and negative feedback between spouses should be avoided.   It is normal to want to vent and blame each other for what led up to the separation but that conversation would be better suited in the environment of a counselor and not during the divorce process.

Consider Collaborative Divorce

Anything that takes place in a litigated divorce can become a matter of public record.  This means that members of the public could view the divorce proceedings in the courtroom or online.  Collaborative Divorce provides a smaller setting with confidentiality requirements in place.  In the Collaborative Divorce process, no motions are filed with the court detailing personal negative aspects of separation.  Taking this approach ensures confidentiality and public records of the details will not exist.  Not only do people want to keep private the details of what led up to the divorce, they want to safeguard their personal financial information as well.  In this internet age, it is very easy to access personal information once it enters the public domain.

When couples agree to participate in the Collaborative Divorce process, the only people who view their confidential information are members of the team working with them and does not go beyond that small circle of advisors.  The only thing filed with the court is the settlement agreement at the end of the divorce collaboration process to obtain a divorce decree.

If you are needing help with your divorce, or are needing more information about our services, contact us at Kim Mediation and Law Center and get a free 15-minute phone consultation.

Filed Under: Blog Tagged With: Confidentiality, Privacy

About Lynette Kim

Lynette Kim is a Los Angeles based Collaborative Attorney and Mediator. A child of divorce herself, Lynette understands the emotional and psychological impact divorce can have on children and is encouraged by her experience with helping families preserve relationships through non-adversarial means of ending a marriage.
Lynette’s Profile | Lynette’s Website

What our clients are saying…

Anonymous Client

The trouble with the collaborative process is that nobody has heard of it.  All through my divorce, my friends kept telling me I needed to hire a stronger attorney, one who would fight for me and win.  Well… in the end, I do feel I won, big time.  I not only got a great settlement in terms of the money, I’m also sure we got the best results possible for our kids.  We’re never going to be that divorced couple who celebrate Christmas together.  But the kids know that we can and will come to their weddings and be good with each other, which might not have happened if we’d stayed married, and certainly wouldn’t have happened if we’d made the divorce into a war.  To me, that’s priceless.

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