The Importance of Protecting Your Privacy During Divorce

 Posted on January 29, 2025 in Divorce

More than a decade ago, a prominent politician testified about a number of personal issues during a divorce deposition. It is a safe bet that this politician never thought about these details coming out many years later when he decided to run for one of the highest public offices.

 Divorce is the end of a chapter and the beginning of a new one and can be one of the most anxiety-inducing experiences of your lifetime. You may be sad about your divorce or glad to finally have it done with, but regardless, to the extent possible, you need to make sure your privacy is protected throughout your divorce.

In particular, if you are a high-net-worth individual or are well-known (nationally or in your own community), the last thing you want is for everyone to know your business. All documents created and filed during your divorce are open to the public and accessible by those with an interest unless you obtain a court order that restricts public access.

Whether you are a high-profile person or just a person who values your privacy, there are steps you can take during your divorce to protect your privacy and that of your children. Speaking to a knowledgeable Yorkville, IL family law attorney regarding your privacy issues can be very beneficial for you and your future.

Deciding What Should Remain Private

Virtually anything that might embarrass an individual or damage his or her assets or reputation should remain private during a divorce. This can include all personal and financial information, including specific numbers attached to banking and other accounts that could potentially be used by an identity thief. If one or both spouses own a business, it is essential that business information like the following remains private:

• Proprietary information  
• Valuation of the business
•  Detailed financial records
•  Expense records 
• Employment contracts
•  Non-disclosure agreements
• Information regarding lawsuits

This information could damage a business's reputation or give competitors an advantage. Personal information can also be damaging, especially for those who live in a rural or small town or city. One spouse’s spending habits, the amount a spouse spent on gifts for an extramarital affair, or even medical records used by one spouse to gain a custody advantage could all become public records. Parental disputes regarding children, especially when a child has special needs or has experienced some form of abuse, can harm the child for many years to come if the information becomes public.  

How Is Divorce Information Kept Private?

If one or both parties in a divorce do not want the information that arises during the divorce to become available to others, a confidentiality protective order can be requested. Once this order is requested and approved by the judge, anyone involved in the divorce is barred from revealing any of the details about the divorce. A person who violates a confidentiality protective order could be sanctioned by the court.

All information associated with the divorce, including information disclosed during discovery or at trial, is marked confidential. It should be noted that only when information that will cause more harm to those involved outweighs the equally important public interests will a judge agree to a confidentiality order.   

 Is Mediation Private?

By its very nature, mediation does offer more privacy than court proceedings because no private information is filed with the court. Because of this, the attorneys on both sides can negotiate confidentiality agreements that prevent both parties from disclosing any personal information. In addition to mediation, an uncontested divorce is more private than a contested divorce because there are no court hearings.

Contact a Kendall County, IL Divorce Lawyer

Divorce should not have any more repercussions than it has to, and if your privacy can be protected, you should take steps to do so. It is beneficial to speak to an Oswego, IL divorce attorney from The Law Office of Matthew M. Williams, P.C. regarding your desire for privacy. Attorney Williams focuses his practice on collaborative divorce and mediation to make the process easier. Call 630-409-8184 to schedule an initial attorney meeting.