During divorce, spouses have the right to request potentially significant amounts of business and personal information from each other. Known as discovery, this step is necessary to address the various aspects of divorce, including equitable distribution of property, alimony, and child support. What steps can you take to help ensure this information does not fall into the wrong hands or get misused? Connect with the team at Joseph, Hollander & Craft.
Why Confidentiality Matters in High-Asset Divorce
You’ve built a life and a reputation for yourself, perhaps as the head of a business, a civic leader, or simply a trusted member of the community. Maybe moral character is integral to your profession as a doctor or attorney. You will want to keep your divorce out of the spotlight, especially if sensitive financial and personal aspects of your life could get out.
What Personal Information Is Most Vulnerable During Divorce?
Spouses share a great deal of information with each other during their marriage. They may also have access to each other’s passwords and the digital footprints that go with them. This free exchange of data is natural within the bonds of marriage, where trust and loyalty attend the spousal relationship. But when divorce enters the picture, people often worry that this intimate knowledge may become a liability.
These are some examples of personal information that you may be interested in protecting Kansas City divorce proceedings:
- Financial records: Bank statements, investment accounts, credit reports, pay stubs and earnings, bonuses, tax returns, and more.
- Professional records: Performance reviews, work-related correspondence, disciplinary actions, retirement benefits, and resumes.
- Legal records: Trusts, a last will and testament, life insurance information, and estate planning documents are included here.
- Personal communications: These include text messages, social media and phone app messages, emails, phone records, letters, and written correspondence.
- Images: Pictures and videos, which may be stored on phones, laptops, and in cloud accounts.
- Passwords: Among these are passwords to your financial institutions, social media accounts, email accounts, and more.
Can You Keep Information Private During Divorce Proceedings?
The primary way to maintain your privacy during a divorce is to exercise discretion on a personal level. Do not share information about your divorce in conversation or via social media.
If you are concerned about people investigating the court record for details, that can be managed, too. Ways to maintain privacy while satisfying the demands of the legal process include:
- Make ample use of alternative dispute resolution (ADR): The less that has to be dealt with in a courtroom, the better. Take advantage of ADR methods like mediation to protect the confidentiality of your business and personal matters.
- Consider a confidentiality agreement: If you and your ex agree, the details of your divorce can be shielded from the public eye. You can both direct your attorneys of your desire to remain discreet, and you may enter a formal agreement about how to handle documents filed in the case as well as how you will each maintain the privacy of information outside of court.
- Ask the court to seal records: Through your attorney, you can request the court to seal certain divorce records. The judge is more likely to agree to this if your interests would be put at risk due to disclosure of certain information.
How Does Discovery Work in High-Asset Divorces?
The discovery process is the same for high-asset divorces as it is for all others. The main difference is that certain tools which are generally available in all divorces may prove to be especially useful in yours.
Once the divorce petition is filed in Kansas City, spouses can use the following discovery tools to obtain the information they need to litigate their case:
- Interrogatories: These are sets of questions that one party asks another. The responding party must fully and completely answer each question under oath. Although the number of interrogatories is generally limited by statute and/or local rule, the court may allow more for good cause. Interrogatories are exchanged between the parties; they are not filed in the court record.
- Requests for Production: In requests for production, one spouse asks the other to turn over records. These documents are not filed with the court. In a typical divorce, one spouse may ask for documents such as bank statements, business records, pay stubs, tax returns, written correspondence, and insurance policies.
- Depositions: A deposition is an in-person or video conference interview of the other spouse or of witnesses who possess relevant knowledge. Both spouses’ attorneys may question the individual who is being deposed (known as the deponent) and will use the deposition to better understand details about the case. Spouses and witnesses answer deposition questions under oath.
- Subpoenas Duces Tecum: These are court-ordered requests for documents and information that are sent to third parties. For example, bank records, employment records, and education records can be demanded by subpoena.
You may be able to obtain an order from the court prohibiting each party from using the information obtained through the discovery process for anything other than litigation of the case and/or directing the parties to file certain materials under seal.
What to Do If Your Spouse Is Threatening to “Go Public”
If you receive any sort of communication from your spouse indicating that they intend to disclose your confidential personal or financial information, you should notify your Kansas City divorce lawyer immediately.
Your attorney can explore various legal options that can protect you. For instance, if your spouse is attempting to blackmail or extort you, this becomes a criminal matter. Sanctions against the other spouse and orders for attorney fees are also options.
Be sure to resist the temptation to respond in kind. Do not threaten your spouse in any way or release any private information about them. Let your attorney help you take the appropriate next steps.
Speak with a Kansas City Divorce Lawyer Today
Has your spouse placed divorce on the table, and now you are unsure which steps to take to protect your personal and financial interests? The time is now to connect with Joseph, Hollander & Craft. We maintain offices in Kansas City, MO as well as in Overland Park, Lawrence, Topeka, and Wichita, KS for your convenience. Contact us today to get started.
