Going through a divorce is difficult enough without worrying about your personal information becoming public record. While Texas courts generally keep divorce records open to the public, there are ways to protect your privacy by sealing these records. In this article, we answer, “Can a Divorce Be Sealed in Texas?
The Underlying Framework
Texas courts start with a simple premise: court records should be public. But they also recognize that sometimes privacy is necessary. Generally, to seal your divorce records, you’ll need to prove you have a compelling reason that outweighs the public’s right to know. Think of it like tipping a scale – your privacy concerns need to be heavy enough to outweigh the public interest. [Pro tip: find out why the rich and famous in Texas often get collaborative divorces. The reason will likely surprise you.]
However, when it comes to divorce records, things are a little more nuanced – and relaxed. Under Texas Rule of Civil Procedure 76a(1), all court records are presumed to be open to the general public. However, Rule 76a(2)(a)(3) specifically excludes documents filed in Family Code actions from the definition of “court records.” This means divorce records can be sealed without following Rule 76a’s strict procedural requirements.
Instead of using Rule 76a’s sealing procedure, parties in divorce cases can file a motion for a protective order to limit public access to their records, as established in General Tire, Inc. v. Kepple, 970 S.W.2d 520, 525 (Tex.1998). The court then has the discretion to seal these records under existing law, as specified by Rule 76a(9).
This means divorcing parties have a simpler path to sealing sensitive documents than litigants in other civil cases, though they still need to demonstrate a legitimate reason for restricting public access.
When Can a Divorce Record Be Sealed in Texas?
Texas courts understand that divorce records often contain sensitive information that deserves protection. Unlike other civil cases, divorce records have a special status under Texas law that makes sealing them more straightforward. Under Texas Rule of Civil Procedure 76a(2)(a)(3), documents filed in divorce cases are specifically exempted from the standard strict sealing requirements that apply to other court records.
Protecting Children’s Information
When children are involved, courts take special care in considering what information should remain private. Details about where children live, their schools, or medical information can often be protected through a protective order. Courts recognize that children’s privacy interests deserve particular attention during divorce proceedings.
Business Information Courts Often Protect
Consider a high-level tech executive’s divorce case where filings contain details about unreleased products, confidential partnership negotiations, and internal financial projections. Rather than having to meet Rule 76a’s strict “specific, serious and substantial interest” standard, the executive can seek a protective order to safeguard this sensitive information. Courts routinely consider protecting trade secrets, confidential operations details, and sensitive financial data that could harm a business if made public.
The Practical Approach
While you’ll still need to demonstrate legitimate reasons for sealing records, the process focuses on practical business privacy concerns rather than Rule 76a’s more demanding requirements. For instance, if your divorce filings contain information about upcoming mergers, proprietary technology, or strategic planning documents, a court can issue a protective order to maintain business confidentiality without requiring the extensive procedural steps of Rule 76a.
Safety Concerns
Personal safety concerns are paramount in divorce cases. If you’re dealing with a history of domestic violence or need to keep your new address private from an abusive former spouse, the court can issue a protective order to seal this sensitive information. The process doesn’t require meeting Rule 76a’s strict standards – instead, the court focuses on practical safety needs.
Courts take safety concerns seriously, especially when there’s:
- A history of domestic violence
- Active protective orders
- Credible threats
- Details about security measures
Medical and Mental Health Information
Courts also recognize the sensitive nature of medical and mental health information in divorce proceedings. Whether your case involves mental health evaluations, medical diagnoses, or substance abuse treatment records, you can seek protection of this private information through a motion for protective order. The goal is to maintain necessary medical privacy while still proceeding with your divorce.
Courts often protect records containing:
- Medical diagnoses and treatments
- Mental health evaluations
- Substance abuse treatment information
- Therapy records
The Process
To protect sensitive personal information or safety-related details, you’ll need to file a motion for protective order that specifically identifies what information needs protection and why. Unlike Rule 76a’s complex requirements, this process focuses on demonstrating legitimate privacy or safety concerns to the court. Your motion should clearly explain the specific information you need to protect and the reasons why protection is necessary.
How to Seal Divorce Records in Texas: The Legal Process
The Texas Family Code and Rules of Civil Procedure provide a specific framework for protecting sensitive information in divorce cases. Under Rule 76a(2)(a)(3), divorce records are exempt from standard sealing requirements, allowing parties to seek protection through a motion for protective order as established in General Tire, Inc. v. Kepple, 970 S.W.2d 520 (Tex. 1998).
Filing Your Motion
Under the Texas Family Code, you’ll need to file a motion for protective order specifically identifying what information you want to protect and why. This motion doesn’t require the extensive procedural requirements of Rule 76a. Instead, you’ll need to demonstrate good cause for protecting the information under Texas Rule of Civil Procedure 192.6, which governs protective orders.
Emergency Protection
In cases involving immediate safety concerns, Texas courts can issue temporary orders under Texas Family Code § 6.501 to protect sensitive information while your motion for protective order is pending. These temporary orders can include provisions protecting confidential information or sensitive details that need immediate protection.
Required Evidence
Texas Rule of Evidence 104(a) requires you to demonstrate to the court why protection is necessary. You can present evidence through:
- Affidavits under Texas Rule of Civil Procedure 199.6
- Live testimony at the hearing
- Documentary evidence showing the need for protection
Protective Orders
Under Texas Rule of Civil Procedure 192.6(b), the court can issue a protective order if it finds good cause exists to protect the information. Unlike Rule 76a’s requirement of “specific, serious and substantial interest,” the good cause standard gives courts more flexibility to protect sensitive information in family law cases.
An experienced family law attorney can help ensure your motion complies with these specific Texas legal requirements while effectively protecting your private information during divorce proceedings.
