How to Protect Your Privacy During Your Illinois Divorce

 Posted on October 09, 2024 in Illinois Divorce

Divorce is a deeply personal experience, and for some, the prospect of airing private matters in court is a process they would avoid at all costs. For high-profile people, or those with substantial assets, the desire to protect privacy during divorce is especially important. Fortunately, there are steps you can take to keep sensitive information out of the public eye and protect your family’s privacy during the process.

If you live in Illinois and are concerned about keeping your divorce proceedings confidential, understanding your options under the law is the first step. Working with a knowledgeable Kane County, IL divorce attorney can help ensure your private matters stay that way while also protecting your children from unnecessary exposure.

Is Divorce Public Record in Illinois?

In Illinois, divorce filings, like other court cases, are typically part of the public record. This means that anyone can request access to these records unless the court takes specific action to seal them. For most divorcing couples, this is not an issue. However, for people with a high net worth, business interests, or public profiles, this openness can present serious concerns.

While there is no automatic right to privacy in divorce cases, Illinois law allows for certain measures to keep sensitive details confidential. If there are valid reasons for protecting privacy — such as business interests, safety concerns, or the well-being of children — the court may agree to seal parts of the case. However, these requests must be justified, as the court balances privacy concerns with the public’s right to access information.

Steps to Protect Your Privacy During Divorce

Although Illinois divorce cases are public, there are several strategies you can use to protect your privacy. The following are key options to consider:

Requesting a Sealed Record

One of the most effective ways to protect privacy during divorce is to request that the court seal certain records. When a court seals records, the public can no longer access them, keeping personal financial information, property settlements, or custody arrangements confidential.

Using Mediation or Arbitration

Another way to keep your divorce out of the public eye is to avoid the courtroom altogether. Mediation and arbitration are both private processes that allow couples to resolve disputes outside of court. In mediation, a neutral third party helps guide both spouses toward a mutually agreeable settlement. In arbitration, the arbitrator acts like a judge, making decisions on unresolved issues.

Withholding Sensitive Information

In a high net worth divorce, it is especially important to protect sensitive financial information. Tax records, business valuations, bank accounts, and property holdings can all be exposed during discovery (the process where both sides exchange information). An attorney can help ensure that sensitive financial records are shared only with necessary parties, such as accountants, financial advisors, or the court itself.

How to Protect Children During a High-Exposure Divorce

If you have children, their well-being should be a top priority during the divorce process. High-exposure divorces, especially those involving media attention or family businesses, can negatively impact children if they are not protected from the public eye.

In Illinois, courts prioritize the best interests of the child when making decisions about custody and visitation (known in Illinois as parental responsibilities and parenting time, respectively). However, you and your attorney can take steps to shield your children from unnecessary exposure:

• Limit Media Access: Keep your children off of social media as much as possible.

• Seal Custody Agreements: You can ask the court to seal custody arrangements and any information related to the children’s schooling, healthcare, and living arrangements.

• Keep Children Out of the Process: Whenever possible, avoid involving children in the divorce process. Shield them from any legal arguments and media attention to help maintain their emotional well-being.

Call Our St. Charles, IL High Profile Divorce Lawyer

If you are concerned about protecting your privacy during a divorce, contact our Kane County, IL high net worth divorce attorneys at Weiler & Associates, Inc.. Call 630-331-9110 today to discuss your options and begin safeguarding your personal information.