Why shouldn’t we allow divorce records to be sealed? Since when is the public’s right to know more important than a couple’s right to keep private the division of their assets and the whereabouts of their children. Married people need not publicly disclose how they share assets or time with their children. So why must divorcing couples be subject to public scrutiny of their most personal dealings?
This has always seemed odd to me. In Georgia a few years ago, much was made of the Speaker of the House’s divorce being sealed (click for wikipedia info). But I think the outcry was not so much about his case being sealed, but more about why was his case sealed, when many others weren’t. The answer should have been: “Let’s seal them all”. Instead, the opinion of the majority seemed to be: “no special treatment for him”.
Currently, as reported by the Washington Post, the Montana Supreme Court is considering restricting public access to such records (click for story). As a family law attorney, I think the potential benefits are tremendous. Why should information about where children are being dropped off be public? What about agreements to sell property for a certain price? It may take a philosphical shift about court records, but family law is different. The parties, if they have children, will continue to interact and be somewhat interdependent on each other after the divorce. Why allow more roadblocks, like allowing outsiders to know their private business, to make their life any harder than it already will be?