Privacy in divorce proceedings

In any divorce proceeding there is a final document that summarizes the divorce proceedings, which is signed by the judge (a Final Decree of Divorce or Final Order). A final decree/order of divorce is NOT a private document between you and your former spouse; rather it is a public record, and in some counties that document can be accessed on in the internet. A divorce decree may list the assets and liabilities of both spouses.

The information contained in that decree is a public record that can be found and copied by anyone–neighbors, business partners, collection agencies, etc. You can limit the public disclosure through an Agreement Incident to Divorce, which is a contract entered into by the parties (you and your ex-spouse). The AID can include a division of all assets and liabilities without making them part of the final order/decree (and this is a perfect place to include, privately, the common obligations that generally are part of a divorce, e.g., one spouse agrees to pay off a debt incurred during the marriage). If one spouse breaks the agreement with the other, they can be liable for breach of contract damages (including the recovery of attorney fees for the prevailing party).

Please note that an AID is enforceable like any other contract, and if it requires litigation to enforce, it may take some time to enforce the agreement. Because a divorce may also, and often, deal with the rights of parents to the support, possession, and access to their children, and those matters (since they can be enforceable by contempt) will likely be part of the decree; the decree/final order can incorporate the AID you reach with your spouse, protecting both of your privacy rights. Use of an AID would be appropriate for a high asset divorce or any situation where the obligations, liabilities, and assets of the martial estate would be better kept private.

Thering Mccarley PLLC is DivorceAttorney Frisco, Texas family law and divorce law firm of Frisco & Texas, PLLC. If you are visiting our site, chances are you are going through a difficult and emotional time in your life.