Which Divorce Method Is Most Private?

Which Divorce Method Is Most Private

Are you curious which divorce method is most private? Are you looking for a way to keep your family issues behind closed doors, instead of available for anyone to access? Learn more about how to keep your divorce private below:

Traditional Divorce is Public Record

A divorce record is an official document of a divorce proceeding that includes certificates, decrees, and a comprehensive record. These documents are created when two people who are married decide to end the legal tenets surrounding that marriage.

This includes marriage reversal, marriage annulment, and marriage dissolution. Because divorce is often a decision filled with negative feelings, and because marriage allows the couple to take advantage of public benefits, legal decisions are often needed to finalize the ending of a marriage. Because these documents are created by government bodies, divorce records are considered public documents, and are therefore open to the general public.

Even so, divorce records can be some of the most difficult to locate, and law surrounding divorces often make such documents only open to the people and legal professionals involved in the divorce. Nonetheless, there are methods to more reliably locate and gather these records, in addition to third party solutions that operate in the private sector.

Divorce records are considered court records. They may therefore be searched on third party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse. Because of this, divorce record, certificate, and decree availability is usually much lower than other types of public records because of the personal nature of divorces. Simply put, divorce records are significantly harder to obtain and search for than other types of public records.

What is Private Mediation?

With private mediation, you and your spouse volunteer to pursue an amicable resolution of your marital issues. Often, you’d take this route before starting the divorce, in order to save money and minimize the angst that court proceedings tend to create.

The goal of private mediation is to settle all your issues, with an eye toward incorporating your resolution into a written divorce settlement agreement—also referred to as a marital settlement agreement—which becomes part of your divorce judgment. And, because you’ve resolved all your issues, the court considers the divorce “uncontested,” meaning it will go through very quickly, sometimes within a few weeks of filing the divorce petition (complaint).

Be aware that with private mediation, you’ll have to pay the mediator. But normally, you and your spouse will split the fee between you. (It can be half each or whatever ratio you agree on, often tied to your respective incomes.)

A lawyer can represent you during private mediation, but mediators frequently prefer that the lawyers not be present at the mediation sessions. This makes for a less adversarial environment.

Which Divorce Method is the Most Private?

In divorce mediation, the only people aware of the specifics in your divorce agreement are the divorcing parties, the mediator, and the judge who signs off on the agreement. This allows for complete privacy in your case. Nothing that is shared in mediation will be able to be used as evidence against you moving forward. This allows for couples to work through the most serious of conflicts without fear of unwanted exposure.

If you are pursuing a divorce mediation in the Houston area, the team at Renken Law Firm is here for you. We work with you to find divorce solutions that fit your needs and allow you to move forward with your life. Call our office today to schedule a consultation and learn more about your divorce options.

Attorney Dawn Renken is a practicing family law attorney in Texas, that specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces. Mediation offers the opportunity to divorce without public court appearances or back and forth litigation. Mediation is a private method of divorce that allows both parties to work together to reach an amicable solution as a neutral third-party mediator works to ensure both parties are fairly represented in the final agreement.

Affordable Family Lawyer Serving Houston, TX

Our team proudly serves the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.


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Houston, TX 77092
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