Are There Ways We Can Protect the Privacy of Our Divorce From Social Media or Other Public Forums or Even Press?
In the state of New York, divorce cases are presumptively confidential, which means that parties’ names generally cannot be searched online to find court documents. With that being said, if someone has celebrity status or is concerned about the public’s ability to search the court system website by their name to come up with any lawsuits, that person can file an application with the court to receive permission to make the divorce filing anonymous. In those cases, the court uses the parties’ initials for court reference so that their names are not searchable by members of the press or the general public.
In terms of social media, it is usually only the parties who might be posting information about each other online. If one party wants to prevent the other from posting online, they would need to get a stipulation immediately from the other side’s counsel to bar both parties from posting any information or documentation about their divorce case online. This would also prevent any third party from doing so. If something has already been posted, it can be brought to the attention of the divorce judge.
Can We File for Divorce on No-Fault Grounds of Irreconcilable Differences As a Way to Leave the Reason for Divorce Intentionally Blank?
The answer is yes. No-fault has been a common reason why people get divorced in New York since the state passed it back in 2010. About 99.9% of divorces in New York are now done on the grounds of no-fault, which is technically called “Irretrievable Breakdown of the Marriage.” Most other states call it “Irreconcilable Differences,” – the two terms are virtually interchangeable.
Is It Possible in a High-Profile Divorce to File for a Divorce Under Anonymous Caption and Have All of Our Public Records Labeled Anonymous or Sealed? What Are the Pros and Cons of Doing So If This Is an Option?
As discussed earlier, you can file a divorce case under an anonymous caption. To request an anonymous caption, you would have to file the divorce as anonymous in your pleadings and then make an application to the court for them to accept the anonymous caption. I recommend submitting a letter to the court along with the filing to describe the reasons why you prefer to keep the case anonymous.
The biggest “con” in this situation is being required to complete a formal application and file a motion, which increases court costs. In the case of high-profile divorces – involving either celebrities or public figures – cost is usually not a factor, so it’s advisable to take that extra step for anonymity.
The “pro” would be preventing your names from being searchable online regarding the divorce case. The State of New York has “E-Courts” on their court system website, which allows members of the press to monitor whether anything is filed by a celebrity or public figure. You can only avoid the press locating your divorce suit if you’re filing anonymously.
For more information on High-Net-Worth Divorce in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 468-0968 today.