Divorce and the Right to Privacy

Blocks that spell out privacy

A divorce is a deeply personal experience that is a struggle to cope with and live through. It can also feel embarrassing—like you have become the subject of unwanted gossip and attention. You want privacy when it comes to the end of your marriage:

  • To protect you and your children from identity theft.
  • To preserve the sanctity of your own story.
  • To stop nosy or prying outsiders from looking at your property and business interests.
  • To prevent false and outrageous accusations from becoming part of the public record.

In essence, if you want your story and information out there, you want it to be released on your terms.

You Have a Right to Privacy

While the state has an interest in a transparent and fair judicial system, there is a balance of that public interest versus your privacy rights. Nevada’s divorce laws envision the need for privacy and provide individuals with the ability to keep parts of their divorce proceedings private. You don’t want someone walking in during a court hearing or strolling into the clerk’s office to look through your divorce file, so the law protects in both situations.

  1. A Closed Courtroom

The first method of establishing privacy involves closing off the courtroom during divorce hearings. At the request of either party, a court is required to exclude everyone from the courtroom except for officers of the court, parties and their lawyers, witnesses, and direct family members like parents and siblings. And if a party does not want witnesses or family members in the courtroom, then they can ask the court to exclude them as well.

  1. Sealed Records

The second way the law protects privacy is in the clerk’s office, where your court file is maintained. Unfortunately, there is no way of preventing the legal pleadings, findings of the court, and court orders from becoming part of the public record. However, a party can make a written request to seal the rest of the divorce record—which prohibits anyone but the parties and their lawyers from inspecting all “other papers, records, proceedings, and evidence, including exhibits and transcripts of the testimony”. A knowledgeable family law attorney can help take proactive measures to maximize the privacy of your divorce.

Viloria, Oliphant, Oster & Aman L.L.P.

If your marriage is ending, you should consult with an attorney to discuss your significant legal rights. At Viloria, Oliphant, Oster & Aman, L.L.P., our lawyers are smart, experienced, and discreet. We appreciate your need for privacy and for an expeditious resolution to your divorce. We are a small law firm, which allows our attorneys to give individualized attention to our clients. Let us help you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule an appointment or contact our office through our website.

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