Divorce cases can address some of the most private and sensitive aspects of people’s lives. What many don’t realize as they consider or proceed with divorce in Colorado, however, is that their court filings and proceedings can become part of the public record. That means that anyone in the future may be able to access those records and find out anything from financial disclosures and settlements to domestic abuse allegations, custody disputes, and more.
The good news is that divorce records do not have to be part of the public record. There can be various options for sealing these records and keeping the details private. Understanding what these options are upfront can help divorcing parties take the necessary steps from the get-go to protect their privacy and make sure their divorce records are suppressed in Colorado.
The best way to keep the sensitive aspects of your divorce out of the public record will depend on your circumstances and objectives. Here are some common options for maintaining privacy in Colorado divorce.
This is a special request, asking the court to file the divorce records under seal to protect certain parties or information associated with the divorce case. Generally, family courts in Colorado are inclined to seal divorce records when there is a need to protect or safeguard:
When deciding whether to grant a motion to seal divorce records, the Colorado family courts will usually focus on determining whether the need for transparency in court proceedings outweighs any potential damage to the parties requesting privacy.
Although court motions and proceedings can become part of the public record, mediation proceedings will not. They remain private, as do any agreements that come out of these meetings. That can give divorcing parties a safe space to address whatever sensitive issues they need to with the peace of mind that their discussions will remain private.
When mediation is successful and the disputes of a divorce can be fully resolved through this alternative, it can be a highly effective way to maintain privacy through a divorce.
Divorcing parties who can work together to figure out how to settle all of the issues of their dissolution can develop an agreement out of court, keeping the details of their divorce private. Property settlement agreements, which can be used for legal separations and divorce in Colorado, can be easier to devise when there is a valid prenuptial or post-nuptial agreement in place or when both parties retain attorneys to help them.
Contact an experienced Fort Collins divorce lawyer at The Cossitt Law Firm, LLC for answers to all of your questions about divorce and experienced advice and counsel going forward.
Call (970) 488-1887 or email our firm for a 100% confidential consultation. Phone and Skype consultations are available.
At The Cossitt Law Firm, LLC, our divorce attorneys have deep experience representing men and women in all types of dissolution cases, from same sex divorce and divorce involving children to high-net-worth divorce and exceptionally complicated cases. Strategic and focused, we are proud to be dedicated advocates who exclusively handle family law cases. We are also proud to partner with each of our clients, providing personal attention and unique, practical solutions tailored to fit their needs and help them achieve their objectives.
With The Cossitt Law Firm on your side, you can be confident that you have superior representation at every phase of your case. You can also count on our lawyers to work tirelessly, both in and outside of the courtroom, to help you obtain positive outcomes.
If you have decided to get a divorce, the next steps can seem daunting. Here we provide a few answers to common questions about filing for divorce.
Depending on your family, financial, and personal circumstances there are many factors you will want to consider when filing for divorce. Find out what type of divorce is right for you.
If you have children and are going through a divorce, one of the hardest things to do is to tell your children. Learn more about the effects of divorce on children.
How long will it take for the Court to issue a Decree of Dissolution of Marriage? The earliest a Colorado court could issues the divorce decree is 91 days after the petition was filed. However it can take longer than 91 days, as expert valuations and reports may be needed.
How can a divorce attorney help with an uncontested divorce? Uncontested divorce generally means the parties have agreed upon all issues, or they believe they will be able to easily agree on all issues. A divorce attorney can help with an uncontested divorce by ensuring everything drafted properly.
What are mandatory financial disclosures? Financial disclosures are required of both parties in every divorce case, within the first 45 days after the petition has been filed. The exchange of mandatory financial disclosures is intended to put each party on a level playing field as it relates to the finances of the divorce.
