A divorce or dissolution can exploit certain areas of your personal life that you may not have wanted to be made public. This can include the details of your marriage, the issues that caused the marital relationship to break down, your financial affairs, business matters, and parenting issues. If you’d like to maintain privacy during divorce, it’s vital to be aware of the strategies you might be able to take. Pay attention to online access to documents filed in your own divorce case, and communicate with your counsel about private information that should be requested to be hidden from the public eye.
Know that You Cannot Hide Things from a Spouse in Divorce
While it is important to have reasonable expectations when it comes to maintaining privacy during divorce, there are things you cannot hide from your spouse once legal proceedings have been initiated. Ohio law and local court rules require full financial disclosure in a divorce or dissolution proceeding. This means that financial information regarding assets, debts, income, and expenses must be exchanged between spouses.
In addition, it’s important to be aware that concealing assets or destroying evidence can come with serious penalties. Under Section 3105.171E(5) of the Ohio Revised Code, failure to disclose marital property, separate property, and other assets, debts, or income can result in the court awarding the other spouse with compensation up to three times the value of the undisclosed assets as well as attorney fees and costs.
Avoid Social Media
Many people use social media to keep family and friends updated about life events — but it’s important to understand that the content you post can be taken out of context and have a serious impact on property division, child custody matters, alimony, and child support. Avoiding social media can help you maintain privacy during divorce since anything you post can be used as evidence in the courtroom. Ensure your social media accounts and other online profiles have the highest privacy settings enabled. This limits who can see your information. Depending on the facts of your case, photos, shared posts from others, comments, and “likes” can all be misconstrued and used against you. It may be best to limit your social media activity or temporarily deactivate your account. This is critical in matters regarding children, where courts often impose orders prohibiting parties from posting about each other or the proceedings on social media. When involved in parenting litigation, it’s crucial to be cautious about what you post online. Social media posts can be used as evidence in court, potentially impacting the outcome of your case. Even seemingly harmless updates or photos can be misinterpreted or taken out of context, leading to negative consequences. It’s best to avoid sharing personal details or anything that could be perceived negatively by the court. Always think twice before posting and consider how it might be viewed in a legal setting.If the item you are about to post would be harmful in a courtroom, or if cause issues if your children see it, then don’t do it.
Change Your Account Passwords
If you’re concerned with how to maintain privacy during divorce or dissolution, one of the first things you should do is change your passwords. Many couples share computer login information or account details. No matter how convenient it may have been during your marriage to share passwords or PINs, it’s vital to take measures to protect your privacy when you and your spouse have parted ways.
Be sure to change your passwords and pins for the following:
- Computers, phones, and other devices
- Email accounts
- Social media
- Online banking
- ATM and debit cards
- Credit cards
- Apps
- Shopping accounts
- Cloud services
- Music providers
Don’t use common passwords that your spouse will be able to guess, such as names of your pets or children. Store the new passwords in a safe location where your spouse won’t be able to find them. You should also change any security questions and answers on your accounts.
Consider Mediation or the Collaborative Divorce Process
The best way to maintain privacy during divorce is to keep your case out of the courtroom. Mediation and the collaborative divorce process are two alternatives to litigation that can help you accomplish this objective. While settlement agreements reached in mediation or through the collaborative process must be submitted to the court, the discussions that were had and the negotiations that ensued during these sessions do not become part of the public record.
Use a Prenuptial or Postnuptial Agreement
Another effective way to maintain privacy during divorce or dissolution is to utilize a prenuptial or postnuptial agreement. A prenup is executed prior to the marriage, while a postnup can be entered into at any time during the course of the marriage. These documents are contracts that can specify how a couple’s assets and property will be divided in the event of death or divorce, and help ensure the potentially public exposure and lengthy litigation process is avoided. Some couples might even choose to include a confidentiality clause in the prenup or postnup which would prevent you and your spouse from sharing private details about each other and any businesses in case of a divorce.
Contact an Experienced Ohio Divorce and Family Law Attorney
If your goal is to maintain privacy during your divorce, it’s crucial to have a skillful attorney by your side who can create an effective strategy in your case. Located in Green, Ohio – halfway between the Akron and Canton courthouses – Melissa Graham-Hurd & Associates, LLC provides reliable representation to clients for divorce, dissolution, and a wide range of family law matters. Contact Melissa Graham-Hurd and Associates to schedule a consultation to learn how we can help.
