If your spouse contests your divorce, you will likely be forced to pursue litigation, even if you wanted to resolve your split via mediation. This means that your divorce may become public record despite your best efforts.

However, this is separate from whether or not the documents contained within your divorce – including pleadings and financial records – become public. Here’s what to know and how a Brooklyn divorce lawyer can assist you.

Divorces Themselves Are Matters of Public Record In Brooklyn

Fortunately, only the Divorce Records itself is public in New York. Any case documents like financial or medical records, judicial decisions, etc. are sealed by default and are not publicly available. But the court will issue a notification of your divorce hearing if you litigate, which is listed on the public court docket.

The court may also publish the judge’s decision if they so choose – there is no law or statute that prevents a court from doing so. Your lawyer may be able to successfully convince the court to publish your divorce on the docket under “anonymous,” especially if you are a high-profile person whose reputation stands to suffer substantial harm if any portion of your divorce is made public.

What If My Spouse Wants to Make Our Divorce Records Public?

Under New York DRL (Domestic Relations Law) § 235, your divorce records are automatically sealed for 100 years, or your lifetime, whichever comes first. This is one of the most protective laws in the country for divorcing couples concerned about their privacy. But if one spouse can show the court that there is due cause for the release of records – such as if one spouse was sued by a third party and needs the records for their defense – the court may grant the release of some or all divorce records.

Contact a Brooklyn Divorce Lawyer Now For More Information

If you are involved in a divorce or are considering getting one, it’s important that you have qualified legal representation from the get go. Whether you end up litigating or mediating your divorce, you need someone in your corner who can advocate for your rights and best interests every step of the way. Call Mary Katherine Brown for a consultation to discuss your divorce options by dialing (718) 878-6886. Our legal team is available now to assist you.