The Discreet Divorce – Is it Possible in Minnesota?

Divorce proceedings require separating couples to disclose highly personal details about their lives and sensitive financial information. A divorce decree—the final order dissolving the marriage and dividing property—typically lists the divorcing couple’s assets, debts, and their employment information. For this reason, those beginning the divorce process are often surprised to learn that their court file is not confidential and is generally accessible to the public, including curious neighbors and coworkers. Even if both parties want their case to be private, the court ultimately makes the decision.

Are any documents confidential in a divorce proceeding?

Yes, certain information and documents must be filed confidentially. “Restricted identifiers,” including social security numbers, employer identification numbers, taxpayer identification numbers, and financial account numbers, must be included on a separate confidential form or redacted from documents submitted to the court.

Additionally, “financial source documents,” including paycheck stubs, wage and tax statements, bank statements, and similar documents, must be filed confidentially. A cover sheet identifying these non-public documents must also be filed.

Court rules identify various other documents that must be filed confidentially, including medical records and psychological evaluations.

What are my options to keep my information confidential?

Sealing the Court File. Minnesota law favors public access to the judicial process. While parties can file a motion to seal a divorce file, courts are reluctant to do so. Even celebrities and high-profile politicians have not succeeded at sealing their divorce cases. Unless there are compelling reasons for the court to keep your divorce file private, you may need to consider other options.

Protective Orders. Parties can enter into a protective order and agree that neither party will share or otherwise publicize certain details obtained during the divorce proceeding. Protective orders can also require certain documents and information to be filed confidentially with the court. As an example, a party may have an interest in a business and want to limit access to proprietary information with a protective order.

Separate Documents. Relying on Rule 308.08 of the Minnesota Rules of General Practice, a couple may be able to submit a “bare bones” divorce decree that is supported by a confidential stipulation containing more detailed information about the parties’ assets, debts, and income information. This approach satisfies the public policy reasons divorce decrees are public, while at the same time, allows parties to keep sensitive information out of the public record.

Consensual Special Magistrate (“CSM”) . If parties agree, they may hire a CSM to act as their judicial officer and decide their case. The CSM process can be more private than the court process.

Conclusion

Before filing your divorce case, it is important to understand options. An experienced family law attorney can help you navigate how best to protect your privacy.