Confidentiality in a divorce is not just a preference. If information about athletes, celebrities, and other high-profile individuals is not handled carefully during the divorce, it can pose a real danger to these families. At the very least, confidentiality can help mitigate the stress of public scrutiny and limit the impact of the divorce on children. So, can celebrities and athletes keep divorce private in California?
In many cases, yes, celebrities and athletes can keep their divorces private. While the final divorce decree is public, spouses can limit what information is part of the public record by getting divorced outside of court. Additionally, there are steps these couples can take to further close divorce records if the court is presented with sufficient reason.
Getting a Divorce as Celebrities, Athletes, and Other High-Profile Individuals
While no divorce is easy, divorces between high-profile individuals, such as athletes and celebrities, have unique concerns that other divorces don’t. The divorce rate in California in 2022 was 5.9 per 1,000 women 15 or older, according to the U.S. Census Bureau, which is lower than the national average. However, the spectacle of a celebrity divorce to the media and public should not be understated.
There are many celebrity couples throughout California. The median household income in California was approximately $95,521 in 2023, according to U.S. Census Bureau estimates, which is significantly higher than the national median of $77,719. 9.7% of employees in California worked in the arts, entertainment, and recreation sector.
One of the biggest issues that athlete and celebrity couples face in divorce is privacy. The most effective way to limit the information that becomes public during a divorce is for spouses to reach an agreement outside of court.
Divorce Mediation and Collaborative Divorce for Celebrity Divorces
The two primary types of divorces out of court include:
- Divorce mediation. Spouses work with a mediator to negotiate their separation agreement. Each spouse may also have their own lawyer. The mediator helps parties find compromises in important elements of their separation agreement, including property division, alimony, child custody, and child support.
- Collaborative divorce. Here, each spouse is represented by their own attorney in negotiations. Each spouse, therefore, has direct legal support protecting their interests as aspects of the agreement are negotiated.
Mediation or collaboration is conducted in private, rather than in a trial. This means parties can discuss sensitive and important information with less fear of that information being leaked or ending up in public records.
When spouses reach an agreement, it is submitted to the court for approval. If approved, only the separation agreement will be entered into the public record. This allows spouses to control what information becomes public.
Sealing Court Records and Closing the Courtroom
Not all couples are able to get a divorce outside of court. Issues such as the safety of one spouse and their children or extreme power dynamics between spouses may make it impossible to reach a resolution through mediation. There may be other options, such as closing the courtroom during the discussion of sensitive information.
Although rare, it is also possible to deal with court records for a divorce case. This makes it off-limits to the public. However, parties have to prove to the court that sealing the records is necessary. There is certain information in a child custody case that must be sealed by request, but other information can be much harder to seal. The court considers it a departure from its transparency, so it rarely grants sealed records.
The Importance of an Attorney for a Confidential Celebrity Divorce
It is crucial that those going through a high-profile divorce hire a divorce lawyer who understands the unique need for confidentiality from the beginning to the end of the divorce process. Your Los Angeles divorce attorney can help you determine if an out-of-court divorce is possible in your unique circumstances, and then steps you can take to protect your privacy and the privacy of your family.
An attorney also helps spouses reach an agreement that the court is likely to approve, thereby limiting the likelihood of having to go to court. If a divorce must be litigated, an attorney advocates for your interests, including doing what is possible to limit public access to information.
FAQs
Q: Can a Divorce Be Confidential in California?
A: A final divorce decree is a publicly accessible document in California, and so is the information filed and discussed in court. However, there are ways to limit the amount of information that is public record by reaching an agreement with a spouse out of court. The majority of personal information will not be disclosed in the final divorce decree, maintaining significant confidentiality. There may also be options to seal divorce records in some cases.
Q: What Are the Benefits of Divorce Mediation in California?
A: There are numerous benefits to divorce mediation in California, including providing a faster, less costly, and less stressful resolution to a divorce. Couples have more control over important aspects, such as parenting plans, alimony awards, and the specific division of property.
Mediation does not pit spouses against each other, as litigation can, which can reduce the emotional turmoil of the process and make the split more amicable. It also allows couples to maintain more privacy.
Q: How Does an Attorney Help With a High-Profile Divorce?
A: An attorney can help with a high-profile, celebrity, or athlete divorce in some of the following ways:
- Helping spouses determine methods for ensuring confidentiality and reducing media attention
- Determining the right method of an out-of-court resolution
- Protecting the financial rights and interests of a spouse
- Addressing unique considerations like custody agreements that consider international travel and child support that accounts for extraordinary expenses
- Determining if the agreement is likely to be approved by the court
Q: What Are the Drawbacks of an Out-of-Court Divorce?
A: There are potential drawbacks to an out-of-court divorce, and mediated or collaborative divorce is not right for every couple. If neither spouse is willing to negotiate in good faith, it can make it impossible to reach compromises. If one spouse has power over the other, such as situations with financial or physical abuse, it is difficult to reach a fair agreement. Additionally, the agreement is only finalized when both spouses agree, so one spouse can drag out the process.
How Kramer & Zitser, LLP Protects Your Privacy
At Kramer & Zitser, LLP, we are two senior attorneys with decades of experience in complex family law cases, and we understand the importance of confidentiality. We take steps to ensure discretion, including the use of non-disclosure agreements, secure communication channels, and limited public access. Contact our firm today.
