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Keep it to Yourself: Confidentiality in Texas Divorces

The judicial system in the United States allows for open access to most court records and proceedings as a general rule of public policy. If you are considering divorcing your spouse in Texas there are some issues to consider and means to prevent your divorce from being a part of the public record.

Sealing the Record

To begin, the Texas law that pertains to court records being made public has a specific exception within it for family law cases. A claim made that sealing the record will not have an adverse effect on the public well being is a way for a judge to consider keeping your case documents and record private. 

Private Documents

Another means by which parties to a divorce can keep their case private is to enter into a protective order and to have specific documents marked as private. This is especially important for parties who have financial, behavioral or other information that is sensitive in nature.  An attorney should be sure to mark at the top of a court filing, in bold letters, that the document contains sensitive data.

Mundane but private information such as driver's license numbers, birthdays and social security numbers are examples of information that can be protected. 

Protective Order

As discussed prior, it is also possible to seek a protective order by filing a motion in the court your proceedings are occurring in. Also called a confidentiality order, you are able to list all the items that you want to keep confidential. It is often the case that parties agree to a protective order. Even if no agreement is reached on this issue, it is possible for one party to file a motion on their own. 

In high profile divorce cases in Texas the parties can agree to insert a confidentiality clause in their Final Decree of Divorce. If a party violates this clause it won't prevent the information from getting out into the public realm, but it will give the aggrieved party legal recourse in the event that this occurs. 

Collaborative Divorce

Last, a collaborative divorce, one in which the parties avoid litigation for the most part and agree on the terms themselves without having a court intercede. Having an attorney who has the experience to assist in a collaborative divorce is crucial as well. Advising a client throughout the process can be the difference between an efficiently paced and private case and one that can devolve into courtroom mudslinging for all the world to see.

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Other Articles you may be interested in:

  1. Can I Sue My Ex for Hacking My Computer in My Texas Divorce?
  2. Do I Need to Change My Passwords for a Divorce in Texas?
  3. Legalities of spying on a child’s cell phone in Texas
  4. Cell Phones, Mail, Computers, Spying on your Spouse, and Privacy Rights in a Spring, Texas Divorce
  5. Keep it to Yourself: Confidentiality in Texas Divorces
  6. How Can I Get My Spouse to Pay My Attorney's Fees in a Texas Divorce?
  7. How Much Will My Texas Divorce Cost?
  8. Can I sue my spouse's mistress in Texas?
  9. Roadmap of Basic Divorce Procedure in Texas

Law Office of Bryan Fagan | Spring Divorce Lawyers

The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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  • Frequently Asked Questions

    Our blog features a wealth of knowledge pertaining to some of the most frequently asked family law questions.

    Read More
  • Sign Up For Our Free E-Course

    Click here to sign up for our free E-Course on Divorce! It has been specifically created to help people who are considering divorce and wish to learn more about the divorce process

    Sign Up Now
  • Schedule Your Free Consultation Now

    Schedule a risk-free consultation today and we can assess your case.

    Book Now
  • Meet With a Finance Specialist

    Discuss payment plan options and more with a finance specialist.

    Get Started Now

Contact Us

Law Office of Bryan Fagan
Spring Divorce Attorney
Located at: 17101 Kuykendahl Rd,
Houston, TX 77068
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Phone: (281) 810-9760
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.