How to Improve Confidentiality During a California Divorce
Confidentiality is an important priority for many divorcing spouses in California. A divorce is a private matter, and there is no sense in allowing the public to view the details of these emotional life events. Some spouses may find it especially important to prioritize confidentiality for various reasons, and these reasons are not always emotional in nature. Fortunately, there are many ways you can keep the details of your divorce private in California. Perhaps the most obvious first step is to book a consultation with an experienced Redlands divorce law firm, as these legal professionals can guide you toward greater privacy with various strategies.
Why Should I Prioritize Privacy During Divorce?
There are various reasons to prioritize privacy during divorce. Many parents wish to keep their divorces private to protect the psychological well-being of their children. By keeping discussions private, parents may be able to limit the psychological effects of divorce on their young ones. If your children find out the details of your legal disputes, they may experience emotional distress. Most child psychologists agree that it is better to work out disputes in private, create agreements, and then present a “united front” to the children.
Other spouses prioritize privacy due to financial reasons. You may not feel comfortable about the details of your wealth becoming public knowledge. If you pursue a trial instead of mediation, various financial details could become part of the court record. These details might include your real estate holdings, business details, investments, and so on.
Privacy has obvious benefits for public figures. There are many actresses, influencers, musicians, politicians, and other public figures across California. These individuals usually have high net worth, and they may desperately want to avoid unfavorable media attention. If you are a public figure, journalists could access public records and determine exactly what happened during divorce litigation.
Even if you are a low-income, non-famous individual, privacy is still important. There may be embarrassing details about your marriage that you do not want anyone to know about. The average divorce contains all kinds of allegations about infidelity, substance abuse, domestic violence, and so on. Even if these allegations are untrue, they could damage your reputation. Virtually anyone can access these public records in the future.
Prenups and Postnups Can Improve Confidentiality
One method to improve confidentiality is a prenuptial agreement – also known simply as a “prenup.” Many celebrities utilize these contracts to not only control the outcomes of their divorces but also to improve privacy. Essentially, a prenup is a private agreement between two spouses before they sign their marriage contract. This private agreement dictates exactly how a potential divorce will unfold. It may contain details about alimony, property division, child custody, and child support.
As long as the prenuptial agreement is valid, it goes into effect when spouses divorce. There is no need to examine the details of the prenuptial agreement in court. As a result, the divorce itself remains completely private. This is why many journalists are left guessing about the details of celebrity divorces. Virtually all of them have prenuptial agreements, allowing them to resolve their divorce behind closed doors.
The downside of this strategy is simple: You must create your prenuptial agreement before you get married. If you fail to do this, creating a prenuptial agreement is impossible. However, it might still be possible to create a postnuptial agreement. Although this type of contract is generally less enforceable compared to a prenuptial agreement, it may still keep the details of divorce private.
The Power of Attorney-Client Privilege
If you are concerned about discussing the details of your marriage with a divorce law firm in California, rest assured that your statements are protected by something called “attorney-client privilege.” A strict set of rules prevents your lawyer from discussing your private discussions with anyone else. Even if you admit to committing misconduct during your marriage, your lawyer cannot report you or repeat your statements to others without your permission.
Even if you admit to committing a legitimate crime, your lawyer risks losing their license to practice law if they breach your attorney-client privilege. Your right to confidentiality is protected even if you never actually hire the lawyer. For example, you might book a consultation with a lawyer to discuss your situation. If you ultimately decide to hire a different lawyer, the first lawyer is still bound by attorney-client privilege.
Consider Mediation Instead of Litigation
An obvious way to ensure confidentiality is by pursuing mediation instead of litigation. The term “litigation” refers to divorce trials. This process occurs before a judge, and it goes on the public record. In contrast, mediation occurs behind closed doors, and it is bound by strict confidentiality agreements.
Mediation is a type of “alternative dispute resolution” or “ADR.” Other examples include collaborative law and arbitration. All three of these processes follow the same confidentiality agreements, and all private discussions should remain private.
Although mediation is a popular and common choice for spouses in California, there are a few caveats to consider. First, this approach only works if your spouse consents. If your ex is intent on pursuing a divorce trial and “airing your dirty laundry in public,” there is not much you can do to stop them. Secondly, you must create clear penalties for breaching confidentiality agreements if you want to prevent your ex from repeating private discussions in public.
Often, confidentiality agreements do not specify the penalties for breaches. With help from your lawyer, you can lay out clear financial consequences for revealing these details. For example, your ex might face a fine of $10,000 for discussing your divorce mediation on social media.
Find an Experienced Divorce Lawyer in California
If you have been searching for an experienced divorce lawyer in California, look no further than Milligan, Beswick, Levine & Knox, LLP. With our help, you can strive for the highest levels of confidentiality possible. The most optimal strategies depend on your unique circumstances. What are you trying to keep confidential? Are you in the middle of a divorce, or do you expect to divorce soon? Internet research cannot provide answers based on these varying factors, and a consultation with a lawyer could be more productive. To discuss the details of your divorce during a private consultation, contact us today by calling 909-894-0812.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.