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.
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.
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.
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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Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers
The Law Office of Bryan Fagan, PLLC 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, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC 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.