Is Protecting Privacy Important in a Divorce?

Using Restraining and Protective Orders

Your privacy is very important in a divorce, and it is imperative that you take action to protect yourself. Divorce proceedings are public, and all documents filed in court generally become part of the public record. You may be able to limit the public release of sensitive information through restraining orders and protective orders. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you understand what types of information could be made public during your case, what steps you can take to protect your privacy, and how you can ensure that the correct procedures will be followed as you disclose information and present documents in court.

Protecting Private Information

During the process of your divorce, you will likely be required to provide a significant amount of personal and otherwise private information to your spouse and his or her attorney. Most such information is exchanged during discovery. Disclosures may include information about bank accounts, credit cards, investments, business interests, real estate property, mortgages or other loans, tax returns, and retirement accounts or pensions. As you share these records or take steps to uncover relevant information, you, your spouse, and your attorneys can make sure important financial details are kept private while maintaining the proper security for data that is transferred digitally.

Once you reach the courtroom, however, your divorce proceedings will be open to the public. Documents and data presented at trial are typically made available for public viewing as part of the public record. If this information contains account numbers, your children's Social Security numbers, business trade secrets, or other sensitive details, it may be in your best interest to take steps to protect your privacy. Your attorney can advise you on what types of information should be included in court documents and when sensitive information may be kept private to avoid identity theft or other issues.

Your lawyer can also provide guidance on what steps you can take to make sure your spouse will not disclose or misuse information about you and your children. In some cases, you may want to request a financial restraining order that will prohibit both parties from selling or transferring certain assets, and this order can also prevent the release of any information that could lead to negative consequences for you or your children. If there are any concerns about safety, your attorney can request a protective order that will prohibit your spouse from taking any actions that could cause you to suffer financial harm or put you at risk of being injured.

Helping Maintain Your Privacy

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that the disclosure of certain data to the public can not only be embarrassing, but it can also be very damaging. Fortunately, you can petition the court for a restraining or protective order that could limit your exposure. Our experienced attorneys will work with you to keep your information private and ensure that your rights are fully protected along the way.

Your divorce should represent the beginning of a new and hopeful future, not a source of new problems and concerns that could last a lifetime. Our skilled divorce attorneys are committed to providing responsible, honest representation to help you navigate the often complicated process.

Contact Our DuPage County Divorce Lawyers

To learn more about protecting your privacy in divorce, contact our office. Call 630-665-7300 to schedule a confidential consultation today. From offices in Wheaton, IL, we are proud to serve clients in and around DuPage County, Kane County, and Kendall County.