Minnesota family law considers a divorce case to be a public proceeding. This doesn’t mean, though, that the facts of your case will be covered in the newspaper or shown on television – although if you’re a celebrity there is a fair chance they will be. What it means is that the facts of your case are considered part of the public record. Your court hearings are open to the public and anyone who is interested in your file may go to the courthouse to read it. The Constitution mandates that courts conduct public justice. The only difference between your case and a celebrity divorce is that no one usually cares enough about a “normal” divorce to drive to the courthouse to read the file.
But, beyond this basic loss of privacy, there lurks a more serious problem: Allowing members of the public to access private, sensitive information that could be used to hurt someone or to commit a fraud. This includes things like social security numbers, credit card numbers, investment account information, or information about a minor child. The law recognizes that the need for public justice must be balanced against an individual’s right to remain free from harm. A person should not have to choose between getting divorced and become a fraud victim.
As a divorce attorney, the way I handle this situation is to be careful about how I file information with the Court. Minnesota family law allows attorneys to file certain information as “Confidential Information.” This ensures that only the judge and the lawyers in the case will have access to it. If the sensitive information cannot be easily contained or if the information involves a minor child, I may ask the Court to seal the file from public view.
For more information about Minnesota divorce cases or to talk to an attorney about divorce or family law, please check out our website at www.gadtke.com.
Robert W. Gadtke is a Minneapolis divorce attorney with the law firm of Gadtke & Beyer. His practice focuses on helping clients protect their children in custody cases and getting a fair financial settlement. His eBook, 10 Top Divorce Mistakes and How to Avoid Them, can be found on his website. He also maintains a blog devoted to divorce, child custody, and family law issues.