Are my divorce filings public in Texas, and how do we protect privacy? The short answer is yes: most divorce filings are public record. The longer answer is that there are ways to minimize public exposure, protect private information, and strategically control how much of your personal and financial life will become accessible to your spouse and others throughout a divorce case.
Privacy concerns are among the most pressing issues high-net-worth or high-profile clients face in Austin.
Texas Divorce Laws
As evidenced by the fact that around 16% of American couples left their marriage during the first five years and roughly 22% did so after 25 years or more, divorce affects couples at different stages of life. The fact that nearly one-third of Americans report that their first marriage ended in divorce shows how common divorce has become over time.
Texas Rule of Civil Procedure 76a defaults to open court records. Petitions, motions, and even many financial disclosures filed with the court could be accessed by journalists, business competitors, or any third party with a courthouse visit or an online search. Texas divorce laws are designed with transparency in mind, but there are ways to protect sensitive information if the request is properly tailored and filed.
What Information Is Public?
As soon as a divorce case is filed in the Austin divorce courts, basic information about the case will appear on the public court docket. Many of the pleadings filed by either party can also become public record. These can include the names of the parties and their spouses, the presiding court, and most of the language in initial pleadings that raise the issues being litigated.
When financial documents such as affidavits, inventories, or appraisals are entered into evidence, they become official parts of the court’s record.
Many Austin divorce cases are filed in and heard at the Travis County Civil and Family Courts Facility located at 1700 Guadalupe Street, Austin, TX 78701. While clerks and judges are used to hearing complex, high-conflict, high-asset divorce cases, this rule of open access still applies unless specific documents are filed to seal records or restrict access.
How to Protect Sensitive Information
There are legitimate reasons why some records should not be available to the public. The Texas Rule of Civil Procedure 21c allows parties to seek court orders to seal records containing trade secrets and sensitive business information that could lead to serious harm if disclosed publicly.
The courts try to balance the individual’s privacy rights with the public’s right to know, and this means that sealing requests should be narrowly written and fully supported by affidavits or other testimony.
When to Hire a Divorce Lawyer
It’s challenging to withdraw statements once they become part of the court record. If privacy and discretion are concerns, hire a divorce lawyer before you file. Once your attorney knows about privacy concerns, they can strategize about privacy risks and how to request protective orders from the court.
Many cases with privacy concerns are resolved without having to litigate every issue because your attorney knows how to reach a confidential settlement through negotiations and mediation.
At the Law Office of Ben Carrasco, PLLC, we can assist you in reaching a confidential settlement. Contact us today for a consultation with a divorce attorney.
