Protecting your Privacy During Your Divorce in Tennessee

Divorce can be an incredibly challenging time. Your spouse, who was your life partner and the one person with whom you shared every detail of your life has stepped out of that role. Depending on the circumstances, they might even have become your sworn enemy.

If you go through a typical, litigated divorce with a courtroom trial, all the documents you file, and even the doors to the courtroom, are open to the public. While you are fighting about the most intimate details of your private life and finances, there may be members of the public seated in the gallery observing it all. This can pose a problem if you have a job where personal privacy is important, such as working for the government, in banking and finance or in other highly sensitive roles.

Even if you consider yourself an “average” worker with an “average” job, if you can help it, it makes sense to guard your privacy as much as you can. There are a couple of ways you can do this.

Protecting your privacy with mediation

If you can both agree to dissolve your marriage through mediation, you and your spouse can settle your differences privately. The documents you file with the court do not have to contain all the messy details that you worked out between yourselves under the guidance of the mediator. When you use a mediator, your attorney can review the agreement and advise you as the process moves along. You can take comfort in knowing that whatever you say and whatever your spouse says during mediation will remain private.

The desire to protect your privacy is not the only reason you might want to do a mediated divorce. Mediation can also be faster, and far less expensive than a litigated divorce. And, you emerge feeling better equipped to resolve any future disputes that may arise between you as you are raising children together as co-parents.

Filing divorce documents under seal

If mediation does not work out and you end up taking your divorce to trial, then you will be faced with a different set of challenges to protect your privacy. In Tennessee, all documents filed with the clerk of the courts are public records unless they are protected by a statute, rule or court order. (Tenn S. Ct. R. 34) (Rule 15) You will have to make a request of the judge to grant a motion to seal your divorce records. You will have to provide a compelling reason that the court should seal your divorce records.

Protecting your privacy from your soon-to-be-ex spouse

Regardless of the level of acrimony between you and your spouse, they no longer need the password to your email accounts or your social media accounts if those are something you had previously shared. Also, if you are one of those people who use the word “password” as your password for anything online, your spouse is not the only one you need to worry about hacking your accounts. Here are a few tips for managing your privacy online:

• Update your passwords to everything frequently. Use a password manager app, or get yourself a password book, if your first thought is, “How will I remember all new passwords?”
• Look at the security settings on Facebook and other social media sites. Consider taking a break from social media until after the divorce is over.
• If you do not want your spouse to read something, do not email it. Email accounts are incredibly easy to hack. The contents of your email may also be subpoenaed by the court, so do not give the other side easy ammunition that can be used against you.
• Do not go crazy deleting emails and texts and other potentially troublesome information. If you have sent any of it electronically, or even stored it on your computer and then deleted it, if a judge issues an order to search your computer, there will be a record of your having deleted items, which raises suspicions.
• Open your own accounts. If you share a safe deposit box with your spouse, remove your personal items and documents and open your own box. Open a P.O. box if your mail comes to the house where your spouse has access to it. If you and your spouse’s phones are on the same account, open up a new account in your own name. Just remember that anything you do can, and likely will, be subject to inspection, so be up front and honest with your lawyer about the decisions you’ve made.

The best way to protect your interests when you are preparing for divorce is to work with an experienced Knoxville divorce attorney. At the Law Offices of LaFevor & Slaughter, we are here to protect your interests and guide you through the often-challenging process of dividing assets as you end your marriage. You are welcome to give us a call at 865-637-6258 or you can fill out our contact form to schedule a consultation to discuss your case with an experienced Knoxville divorce lawyer today.