Horton, Ballard & Pemerton PLLCHorton, Ballard
& Pemerton PLLC
P: 423-243-3783 TF: 800-819-3927

Keeping your divorce as private as possible

Like many Tennessee residents, you likely do not want your personal or business-related information aired out for everyone to see. You may have sensitive information that needs protecting from prying eyes, and as a result, you have likely taken measures over the years to keep others out of your business when necessary. However, now that you are going through a divorce, it is possible for certain information to go on the public record.

Typically, the court allows for public scrutiny when it comes to divorce proceedings. Of course, you may not want all of your personal and business information on public record for just anyone to go through. Fortunately, you may have the chance to request that the court file certain divorce records under seal.

Have a good reason

When making any request for the court to deviate from standard procedures, you need a good reason. If you want the court to file your divorce records under seal, you will need more to go on than just trying to avoid public scrutiny regarding an embarrassing moment. Some common reasons for sealing records include the following examples:

  • Protecting victims of domestic violence
  • Protecting proprietary business information
  • Protecting the identities of any children involved in the case
  • Protecting sensitive information, like financial details and social security numbers
  • Protecting individuals from having false information damage their reputations

When it comes to making such a request, you may also benefit from knowing that the court may choose to file an entire record under seal or may only choose to file a portion of a specific record under seal. In addition to your good reason, the court will also consider whether the need to keep the record private outweighs the presumption of availability to the public.

Tailor your request

Understandably, you may want to keep as much of your life private as possible during your divorce. However, you may have a greater chance of the court honoring your request if you tailor your request so you do not ask to seal more records than necessary. The court will likely deny a request to file every record under seal but may feel more willing to keep specific bits of information private.

The idea of having certain information about you or your business exposed may give you more anxiety than ending your marriage as a whole. If so, you may want to discuss your options for requesting the sealing of divorce records and other ways to maintain your privacy with your legal counsel.

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Chattanooga, Tennessee 37402

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