In Florida, divorce records are generally a matter of public record. For high-profile individuals such as executives, business owners, public figures, religious leaders or anyone with substantial assets, privacy may be a major priority. The public divorce process can pose serious risks to reputations, business interests and even careers.
If you’re facing a high-stakes divorce, you’re likely wondering: Can I keep my personal and financial details out of the public eye? This post outlines the legal tools and strategic options available to protect your confidentiality during a Florida divorce. You can also reach out to our divorce attorneys at the Law Offices of Forrest & Forrest, PLLC, for guidance on how to maximize privacy in your situation.
What divorce records are public in Florida?
Florida law strongly favors transparency in court proceedings. That means most divorce filings – including petitions, financial affidavits (excluding account numbers), marital settlement agreements and parenting plans – are accessible to the public unless sealed by court order or otherwise redacted. Even the fact that a divorce occurred is public record.
Can divorce records be sealed?
Yes, but it’s not automatic. Simply wanting privacy isn’t enough. You must demonstrate a legitimate legal basis.
Florida courts apply a strict standard when deciding whether to seal records. A judge may grant a sealing order only if doing so is necessary for one of the following reasons:
- Protection from harm due to domestic violence or stalking
- Protection from disclosure of sensitive mental health or addiction issues
- Child-related privacy concerns
- Prevention of substantial harm (beyond that which normal litigants would experience)
- Protection of business trade secrets
To grant the order, the judge must find that substantial harm would result from keeping the records public. Additionally, they must find that no reasonable alternative exists to achieve the same protections.
However, certain sensitive details – such as financial accounts, Social Security numbers and, in some cases, the children’s full names and birth dates – are automatically confidential without requiring judicial approval, provided the correct procedures are followed when filing.
Alternatives to sealing all divorce records
Because Florida courts apply a strict standard to sealing records, judges often look for less restrictive alternatives that still protect sensitive information. Parties can also request to seal only specific documents – such as a marital settlement agreement or parenting plan – that contain particularly sensitive information.
If sealing the entire case file isn’t justified, here are some other measures that may help safeguard your privacy:
1. Redaction of sensitive information
Instead of sealing entire documents, courts may allow redaction of specific details – such as medical information and sensitive business data – from public filings.
2. Filing confidential exhibits separately
Sensitive materials like financial disclosures or medical records can sometimes be filed as confidential exhibits, while the main pleadings remain publicly accessible.
3. Use of initials or pseudonyms
In cases involving children or vulnerable parties, courts may permit the use of initials to reduce exposure and protect identities.
4. Protective orders
In situations involving domestic violence, stalking or harassment, protective orders can restrict access to certain records or personal information.
Additional strategies to protect your privacy
Given the difficulty of getting divorce records sealed, for those seeking to keep their divorce out of the public eye, some of the following strategies may be worth considering:
1. Collaborative divorce
This out-of-court process allows both parties to negotiate privately with the help of attorneys and neutral professionals. Because collaborative divorce avoids litigation, fewer documents are filed publicly, and sensitive details can remain confidential.
2. Mediation
Mediation is another private alternative to litigation. Discussions and agreements reached in mediation are not part of the public record unless filed with the court. Our lawyers regularly help clients resolve complex issues discreetly through mediation.
3. Confidentiality agreements
Nondisclosure agreements can be used to prevent the parties and professionals involved from sharing details about the divorce. They are particularly useful when business interests or public reputations are at stake. However, they are not binding on the court.
4. Prenuptial and postnuptial agreements
These agreements can address property division and alimony in the event of divorce, reducing the need for public litigation. They may also include confidentiality provisions to protect sensitive personal or financial information.
These agreements are enforceable if properly executed. Our lawyers are highly skilled in drafting and enforcing them.
Take control of your privacy with experienced divorce guidance
If you’re facing a high-profile divorce in Florida, your privacy matters. Our lawyers can help you protect it.
With over 50 years of combined experience, our divorce attorneys handle high-profile and high-asset divorces with precision and discretion. They understand the stakes involved and have deep experience applying Florida’s complex confidentiality rules.
Learn more about how our lawyers can handle your divorce case with the sensitivity and discretion it deserves. Contact us today at 954-859-1715 to schedule a confidential consultation. We have convenient offices in Fort Lauderdale and Boca Raton, and we offer virtual consultations.