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Can my divorce in Georgia be sealed from the public record?

On Behalf of | Jun 20, 2024 | Divorce

Divorce proceedings are usually public. This means that personal details can be accessible to anyone. However, there are cases when you can ask to seal your divorce records to protect your privacy. It’s important to understand your options and the processes you must follow. Doing so can help maintain your privacy during your divorce.

Grounds for sealing divorce records.

Georgia law allows courts to seal divorce records if you can provide proof that making the information public would cause significant harm. You may be able to seal your divorce if the details could negatively impact your children. This applies if public access to your divorce details exposes sensitive information. This includes details about your children’s lives or well-being.

The court also makes considerations for those interested in protecting sensitive information. If the divorce reveals financial or business information, you may be eligible to seal it from public record. 

If there is a history of domestic violence or threats, you may also be eligible. Allowing this information to the public could endanger someone’s safety. Which means sealing it would be in their best interest.

Process for sealing records

If you’re interested in sealing your divorce records, there are a few steps you must follow. To seal your divorce, you must file a motion with the court. The motion should clearly outline your reasoning, and provide supporting evidence. The judge will then review the motion and decide whether to grant the request.

The judge will only honor the motion if they feel that privacy is more important than the public interest. Public interest seeks to keep proceedings transparent. The court will weigh potential harm to both parties before reaching a decision.

Alternatives to sealing records.

Aside from sealing your divorce records, there are other routes to consider to protect your privacy. Depending on your circumstances, you may be eligible for redaction. This is a request to redact sensitive information. Doing so removes it from the public record.

Additionally, you can negotiate a confidentiality agreement. This lets you use private settlement. It handles sensitive matters outside of court filings, and keeps them out of the public. 

Preserving privacy in a divorce.

You can’t guarantee sealing divorce records. But, knowing the process and making a strong case can help. If sealing your divorce fails, exploring other options can help you protect your personal information. Maintaining your peace of mind during divorce requires careful consideration and legal strategy.



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