Going through a divorce is an embarrassing experience. It requires that you show everyone in your life that your most intimate relationship has fallen apart. In some cases, you may also have to endure the revelation of embarrassing personal information during court proceedings.
If you have a high-profile job or a high-asset marriage, there may be additional scrutiny of your divorce proceedings by employers, acquaintances and even local media. Anything that you or your ex say in court could become part of the public record and eventually come back to haunt you. Testimony and evidence given in family court will become part of the public record and accessible to others, even your children.
Thankfully, there is an underutilized tool that can help protect your privacy during a divorce.
Mediation helps you resolve your issues in a confidential setting
In many ways, mediation is a lot like litigated divorce. Both you and your ex will have your own attorneys. You will all get together on a scheduled day to sit down and discuss the issues from your marriage, just like you would during divorce court hearings.
A neutral third party, your mediator, will help facilitate compromises with the aim of a fair resolution approved by both parties. However, unlike a judge, a mediator doesn’t have the final say in what you do in your divorce. That power rests with you and your ex. You can choose what to compromise on and what terms are most beneficial to you.
Most importantly, mediation differs from a litigated divorce in that it takes place in a confidential environment. You can discuss everything from infidelity to drug abuse without worrying about it becoming part of the public record. Texas law makes mediation records confidential in all but the rarest of circumstances.
Divorce mediation empowers and protects you
Personal factors like addiction or adultery can have a major impact on the best terms for property division and the custody of any minor children, but that doesn’t mean you have to share those details with the public.