If you are considering divorce, you may be concerned that your private business could become part of the public record. If you go through a divorce trial, this can happen — and it can be difficult to get the record sealed.
This could mean information about your finances, your assets and your fitness for parenting may all be reachable by interested parties.
It does not have to be that way. Although court documents are generally open to the public, you can keep the details of your divorce largely private if you come to a divorce agreement privately instead of taking your issues to trial.
Connecticut courts encourage the parties to attempt to settle divorce issues out of court. The general issues of divorce include:
- Division of assets and debts
- Child custody and parenting time
- Child support
- Spousal support (alimony), if applicable
Negotiation of complex issues is possible
When you are negotiating the issues of your divorce, it is important to keep in mind the alternative to a negotiated resolution is court.
- Court is not private
- Court is focused on choosing a “winner” and a “loser” on each issue
- Judges have limited options for resolving your issues
- Judges are not experts in complex asset division such as the division of a business
If you go to court, you might not get a result you can easily live with, much less the result you really want.
In a negotiation, you can resolve your divorce issues in a way that you both can live with, even if that resolution would not have been available from the court. (Your divorce agreement still must comply with Connecticut law.)
Finances can be kept private
If you can develop an agreement on your own, you can present that agreement to the court for approval. This gives you an opportunity to waive the usual 90-day waiting period for divorce, so you can get divorced and move on with your life more quickly.
This is very significant, too: your financial affairs can be listed in an affidavit that is kept sealed.
Once the court approves your agreement, it will issue a divorce decree ordering that the agreement be carried out.
Do you have questions?
Negotiating a complex divorce, such as one with high assets or notoriety, takes an attorney with a detailed understanding of what solutions are available under Connecticut law and how to achieve those solutions. If you want a discreet divorce, contact an experienced divorce lawyer.