Paul Horton: Divorce and Confidentiality

For people concerned about privacy during divorce, knowing the safeguards and smart steps to protect your confidentiality are important.

Divorce used to be considered dirty laundry but is now commonplace. Almost everybody knows someone with a divorce story to tell. The question is, who do you want to know your divorce story?

In Utah, general access to Family Court records is governed by statute. According to the Utah Code, records of proceedings in Family Court are not open to public view. Individuals who may view your divorce file include:

Parties to the case and their legal counsel
Representatives and guardians of children involved in proceedings
Officers of the court as appointed

While this law may keep documents of divorce proceedings out of the news, it does not ensure secrecy if your spouse decides to speak with the media or others about the details of your settlement.

Parties going through divorce have good reason to keep the details of their agreements away from prying eyes. Those reasons might include:

A desire for privacy – just because you like to stay out of the public eye
Businesses that you own or operate could be affected by this going public
Financial Privacy Because You Have a High Net Worth

If confidentiality is important to you, ensure your divorce agreements are drafted with a clause that prohibits the discussion of financial and other details. In high-asset divorce cases, settlement payments are sometimes tied to maintenance of the confidentiality clause. The language is easily incorporated into prenuptial, postnuptial and divorce agreements.

How to Prepare for a Divorce Hearing in Utah

You and your divorce attorney have meticulously collected essential evidence, organized effective arguments and reviewed Utah family court laws to win you the best possible divorce terms. Your demeanor and appearance at the hearing can also significantly affect the outcome of your hearings. Knowing what to expect and how to prepare can empower you to make the most out of your day in court.

Following are 10 tips for making a strong courtroom appearance:

Practice — Visit the courthouse prior to the date of your hearing to familiarize yourself with your travel route, parking, security screening and the format of the courtroom
Wear Nice Clothes — By dressing in pressed, neat business attire, you demonstrate your respect for the proceedings and gain the confidence to achieve your objectives
Don’t Bring the Kids with you — You need to concentrate on the proceedings, not entertaining your bored children
Arrive at least 15 minutes early — Anticipate potential problems such as heavy traffic, a delayed train or a tardy babysitter—none of which are legitimate excuses for being late
It’s Like the Airport – Be Prepared for Security Checks— Find out ahead of your hearing date those items you are prohibited from bringing into the courthouse and clear any special medical needs, such as insulin needles or oxygen, that can delay your entry
Turn off cell phone — The beeping, vibrating or ringing of your phones is disruptive and disrespectful to the court
Pay Attention — Notify your business colleagues and family that you will not be responding to texts, emails and phone calls until the hearing has ended
Take Notes — Organize documents and notes so you can quickly access important information during the crucial moments of your hearing
Try Not To Get Emotional — Your poised response to untruthful, misleading and mean comments made by your spouse reflects favorably on you to the judge
Don’t Talk to the Judge – Your Lawyer Does That — You may be in front of the same judge in the future, so remain polite even if the court issues a bad ruling

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.