When in the middle of a divorce, you are likely not thinking about how your private life and everything that happens next will be documented publicly in a Texas divorce record. That means anyone can look at the details of your divorce after the fact. While that may not matter much to some people, couples embroiled in contested or sensitive cases might not be too thrilled that information is so readily available — especially in today’s tech-driven age.
The bottom line is that there is nothing you can do to stop a divorce record from being created — it is part of the process of getting divorced. But can you make the information in your Texas divorce record private.
First things first: What is a Texas divorce record?
In the simplest terms, a divorce record is an official document created after two married people file divorce papers. It can include all official documents generated during and after the proceeding, including the divorce decree that spells out the final ruling. Creating a divorce record shows evidence that a marriage has been legally ended, and since divorce is considered a family law matter, documents pertaining to these cases are filed and held in the county clerk’s office.
This means they can be obtained by anyone.
A Texas divorce record could include information such as:
- Files and documents from the divorce filing
- The judge’s statement of the facts and conclusions
- The divorce decree itself
- Information on asset division, custody arrangements, and spousal maintenance
- Personal and financial information
- Possible criminal information (ex: domestic abuse)
What control do you have over your divorce record?
If you are motivated to keep details from your divorce out of public view, there are a few things you can do:
Request that your divorce record be sealed — You can keep sensitive or confidential information from being made public, but it is not a given. In fact, the presumption with all family law cases is to maintain open records. Therefore, you must request permission from a judge and provide a compelling, substantial, and specific reason for doing so.
Stay out of Court — You and your spouse can maintain more privacy and control over personal information if you avoid going to Court and instead choose an amicable divorce process such as mediation or collaborative divorce. There will still be a divorce record, but it will be far less detailed and only include what is necessary for legal purposes.
Call Nelson Law Group today!!
If divorce is the answer, you need a trusted advisor to guide you through each stage of your divorce. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings nearly two decades of family law experience to every case.
Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
