Maintaining Privacy in Divorce: Options to Consider

Divorce proceedings are typically a matter of public record, which means divorce decrees can often be accessed and downloaded online. This realization raises a common question among those considering or undergoing a divorce: Can my divorce be sealed?

The straightforward answer is that sealing an entire divorce case is very challenging. However, there are strategic steps you can take to keep certain sensitive information private during a divorce. Under Minnesota Rules of General Practice, Rule 308.03 allows divorcing parties to file a judgment and decree that is stripped of revealing information. This minimalist decree can be supported by separate confidential filings containing more sensitive details, such as a protected spreadsheet of assets and liabilities or income details.

An additional option to enhance privacy is to engage a Consensual Special Magistrate (CSM). A CSM serves as an alternative to the traditional courtroom setting and acts similarly to a judge. While you and your spouse will need to pay for the CSM's services, the benefits can be substantial. Perhaps most notably, using a CSM can keep your case off the public record, thus preserving your privacy. The flexibility of scheduling with a CSM also often results in a quicker resolution compared to the district court's timelines.

Ultimately, while it is difficult to seal a divorce case entirely, there are measures you can take to help maintain privacy. Consulting with your attorney can provide additional guidance tailored to your specific needs and circumstances, ensuring that your sensitive financial and personal information remains as confidential as possible.