Divorce in the Public Eye: Protecting Your Reputation

Getting divorced can be an incredibly public process. In Illinois, divorce proceedings become part of the public record. The pleadings, court orders, and often, transcripts of depositions and hearings in your case will be publicly available. Managing your reputation and maintaining privacy is crucial for many people. So, how can someone who is pursuing divorce in Illinois also preserve their privacy and protect their reputation?

Divorce is a Matter of Public Record in Illinois

In Illinois, divorce proceedings are generally a matter of public record. Any document that is filed with the Court can be accessed by the public, which means personal details about your divorce could potentially be exposed.

Per Illinois Supreme Court Rule 364, certain information, considered “personal identifiers,” is prohibited from being included on publicly filed documents. This includes the following:

• Social Security Numbers
• Driver’s License Numbers
• Financial Account Numbers (bank accounts, credit card accounts, etc.)

In matters of divorce, everything else is fair game.

What Information Might Be Included in Publicly Filed Documents?

Even if your social security number is safe, there is a wealth of personal details and private information that may be included in publicly filed divorce documents. This information might include allegations of abuse, allegations of mental health struggles, allegations of substance abuse, accounts of private arguments or conversations, and allegations relating to parental fitness.

This public disclosure can impact both personal and professional aspects of your life, leading to unwanted scrutiny and judgment. It can also be embarrassing, not just to you, but to your children and extended family.

How to Maintain Privacy During Divorce

One effective way to protect your privacy during a divorce is to consider alternative dispute resolution (ADR) methods, such as mediation. Unlike traditional litigation, ADR processes offer more confidentiality and control over what information becomes public.

Mediation involves a neutral third party—known as a mediator—who helps the divorcing parties reach a mutually acceptable agreement. The mediator facilitates discussions and assists in resolving disputes but does not make binding decisions.

One of the significant benefits of mediation is its confidentiality. Unlike court proceedings, mediation sessions are not part of the public record. As a result, the details discussed on the way to reaching a final agreement remain private. The final agreement will be memorialized in an official legal document, which may or may not be filed with the Court.

For example, a Parental Allocation Judgment, which is the agreement two parents reach about how they will split parenting time and parental decision-making, will be entered with the Court and made a part of the public record.

In contrast, a Marital Settlement Agreement (MSA), which is the agreement two divorcing parties reach about how they will divide their assets and debts, and includes things like spousal maintenance and child support, will not be filed into the public record. This is because MSAs typically contain a lot of personal and financial information, like bank account numbers and annual income. Instead, the MSA is incorporated by reference into a document called the Judgment of Dissolution of Marriage (JDOM), and the JDOM is filed with the Court in order to finalize the divorce proceedings.

The bottom line is that mediation will keep a lot of your private business private, and it may be the best path forward for someone who wishes to protect details of their private life from public scrutiny.

Avoid Social Media During Divorce

It is no secret that whatever you post on social media can significantly impact divorce proceedings and your reputation. There is no such thing as a private post on the internet! The best thing to do when going through a divorce is to stay off social media entirely. If you must scroll and post, refrain from saying anything even remotely relating to your ex or the legal proceedings.

Statements, photos, and comments made online can be used in court, potentially affecting the outcome of your case. For instance, posts that show you taking lavish vacations or showing of your new Porsche might undermine your credibility if you are claiming you cannot afford to pay child support.

You Can Maintain Your Privacy and Get Divorced

Divorce is challenging enough without the added pressure of public scrutiny. By choosing alternative dispute resolution methods and managing your social media presence carefully, you can better protect your reputation and maintain privacy during a difficult time. Your best path forward is to seek advice from legal professionals who can guide you through the process and help you navigate both the legal and public aspects of divorce effectively.

If you are facing a divorce and concerned about protecting your reputation, consult with one of the experienced and skilled divorce attorneys at O. Long Law, LLC. We can provide guidance on how you can safeguard your privacy and move through your divorce with greater peace of mind.