Divorce is one of those intensely personal life events that must be mentioned because of the drastic changes it triggers, but going into the details of the situation is typically limited to immediate family and close friends. For those that pursue the traditional court process to obtain a divorce, one element of the legal system in this country can prove to be unnerving and unpleasant. Court proceedings, including the documents filed in the case, are matters of public record, which grants anyone the right to access this information, including total strangers. The issues that must be resolved in divorce require revealing highly sensitive information about a couple’s finances, property, and family dynamics, if children are involved, and knowing that anyone can see these details by filing a simple request is apt to leave many spouses feeling exposed and uncomfortable. The likelihood of someone actively seeking out divorce records is low for most couples, but the possibility does exist, and should be a consideration if privacy is of large importance or concern. Minnesota U.S. Representative Keith Ellison is fighting efforts by two news organizations to see his divorce records from 2016, because they believe there is information related to his abuse of a former girlfriend. Divorce records can include all kinds of potentially embarrassing and private information, but there are a few ways to limit the ability of the public to see this information, and a discussion of the two principal options will follow below.
One method of keeping information out of the public eye and record is to resolve the issues of divorce through a private settlement. This may be accomplished through direct negotiation or an alternative dispute process, such as mediation. While the final terms of the agreement must be received and approved by the court, the details of how the parties compromised and the specific considerations that lead to the final agreement need not be revealed. Further, the couple has control and flexibility over the formulation of the terms of the contract, which should reduce the likelihood of future litigation, which would place this private information into the public record.
Alternatively, if a private settlement did not occur, either spouse can file a motion with a court that requests the divorce records be sealed. Sealing records is up to the discretion of the court, but the more specific an argument is about the harm holding these records public would pose, the more likely a court will approve the request. Importantly, a person does not have a be a public figure or celebrity to qualify for this protection, though it is routinely requested by those in the spotlight. Some additional reasons a person may want to keep these records private include:
The law is strongly in favor of keeping court records public, so a compelling reason to go against this tenet will need to be demonstrated. Some factors courts will look to when assessing the need to seal records are:
The chances of gaining approval are increased if the request is limited to a specific part of the record, and examples of information courts are generally open to sealing include:
Privacy is but one aspect of divorce that needs to be discussed with an experienced divorce attorney, and protecting your privacy needs to be part of an overall strategy for the case. All Family Law Group, P.A. knows the pressures you are facing, and has the knowledge and commitment to their clients to help you achieve a favorable outcome. Contact our Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay for a consultation at no charge. They can be reached at 813-672-1900.
Making the decision to get married should be one of the most exciting times in a person’s life, but this happiness is only possible if getting married is chosen and voluntary. If the contrary is true, and a person wants out of the relationship, divorce is the process most people first consider, but there is another option for legally severing ties, annulment, which may be more appropriate in certain situations. In today’s world, marriage is typically associated with two adults that have a standing relationship filled with mutual trust and respect. However, this is not the situation for young girls, who would normally be underage, married to older men based solely on being pregnant. Florida law eliminates an age limit for couples seeking to marry if they are expecting a child, and while the law was likely intended to promote marriage over having a child out-of-wedlock, it also allows girls as young as 11 and 12 to be forced to marry if pregnant at the time a license is sought. State legislators are currently considering bills that would close this loophole by placing an age limit that both individuals must satisfy before a marriage license would be issued, and eliminate the exception for pregnancy. Being underage is one basis for seeking an annulment, and a discussion on how annulment compares with divorce, as well as when a court would be willing to grant one, will follow below.
The law treats a marriage that was annulled as if it never happened, and essentially purports to put the parties in the same place they were before the marriage took place. This means courts will be more reluctant to get into complex analyses over property division and related issues, though they will address these matters to the extent necessary. Because annulments usually need to be requested early in a marriage to have any hope of being granted, the financial and child entanglements that complicate most divorces are less likely to be present, but if practicalities call for court intervention, decisions will be made for the sake of fairness and a child’s best interests. Divorce, on the other hand, recognizes the existence of a legal marriage, and specifically allows for provisions related to property division, child custody, support and alimony.
The law surrounding annulments is based on past court decisions, making it much more complicated to obtain compared to divorce, but it should not be immediately dismissed if there is a desire to have the marriage voided, such as to prevent an ex-spouse access to certain benefits. Courts generally look for evidence the marriage was fraudulent, a sham or in some way false from the beginning. Specific grounds courts have accepted as sufficient to support issuing an annulment include:
a sham or fraudulent marriage, such as when one party, unknown to the other spouse, married only to get immigration status;
lack of consummation, though this claim needs to made rather close to the date of the marriage to have any weight with a judge;
the marriage was illegal due to issues such as bigamy, incest or one or both parties being underage; and
duress, mental incapacity or concealment, which come into play when a party is forced into marriage, did not have the ability to provide voluntary consent, typically associated with intoxication or mental illness, or a party hides a material fact that goes to the foundation of the marriage, such as a lack of desire or inability to have children.
Ending a marriage under any circumstances is hard, but wanting to end a marriage that had an inherent flaw from the beginning is even more difficult to process. Getting an annulment is difficult, but not impossible, especially if the right attorney is working on your behalf. If you want to know your options for severing a marriage, talk to the attorneys at Tampa Bay’s All Family Law Group, P.A. They have years of experience counseling clients in the areas of divorce and annulment, and can help you get the results you desire. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-672-1900 for a consultation at no charge or email us.