Divorce proceedings have a tendency to bring out the worst in many people. Spouses may feel like they barely recognize one another as they become increasingly hostile toward each other. Divorcing spouses can sometimes cause permanent damage to their reputations by employing scorched-earth approaches to divorce proceedings.
Particularly in scenarios involving litigation, complaints about spousal behavior and allegations of misconduct could become part of the public record. Successful individuals, those with strong community connections and people in high-profile positions may want to avoid drawing attention to their divorces.
They may want to explore alternative dispute resolution as a means of enhancing their privacy.
Settling out of court can be smart
As previously mentioned, allegations leveled against one spouse by the other typically become part of the public record during divorce litigation. In cases where divorce may be the result of infidelity, substance abuse or domestic violence, one spouse may feel that it is important to address those issues to ensure a fair divorce outcome.
It is theoretically possible to resolve divorces amicably despite major complicating factors, such as significant marital misconduct. Spouses may simply require assistance. Mediation is a useful tool for those hoping to resolve divorce disputes outside of court.
Spouses can discuss the various issues from their marriages in a confidential environment. They may be able to compromise with one another and arrive at property division, child custody and financial support terms that are appropriate given the family circumstances.
Collaborative divorce can be another option. Discussions with attorneys generally have the protection of attorney-client privilege. Direct negotiations between the spouses’ attorneys are not part of the public record. Their lawyers can negotiate to establish terms that reasonably reflect the marital circumstances.
Provided that spouses reach an agreement and sign appropriate paperwork, they can set their own terms with privacy and dignity. They only need to present the courts with their final agreement rather than the various details that they considered to reach that agreement.
Those hoping to preserve their privacy during an upcoming divorce may want to look into divorce mediation or collaborative divorce proceedings. A cooperative approach to divorce may give people more control over the outcome of a divorce while simultaneously helping to protect their privacy.
