Could your neighbors be reading your divorce file right now? It’s a real possibility. In Minnesota, divorce documents, including those of celebrities such as Prince, can be accessed online or at the courthouse by anyone. This extends to your own divorce decree as well. You may be asking yourself, “How can this be?”
The Minnesota Rules of Public Access to Records of the Judicial Branch state that “[r]ecords of all courts and court administrators in the state of Minnesota are presumed to be open to any member of the public for inspection or copying at all times during the regular office hours of the custodian of the records. Some records, however, are not accessible to the public, at least in the absence of a court order or disclosure by a judge, and these exceptions to the general policy are set out in Rules 4, 5, 6, and 8.” This means that practically anyone can access your divorce decree, affidavits, exhibits, or any other record that is not considered confidential.
However, there are ways to keep your documents private.
- The first, and best, is to reach an agreement with your divorcing spouse before a petition for dissolution of marriage is even filed. If a couple agrees to work together, they can file a bare-bones divorce decree that references a confidential exhibit, which is reviewed by a judge but not made part of the court file. A couple can keep many details of their divorce, including financial agreements, completely confidential from the public. This option is still available to couples if they reach an agreement prior to trial, but entering a bare-bones judgment and decree with a confidential exhibit at the very beginning of a case is best practice.
If a couple cannot agree and the matter must proceed to trial, there are still options to maintain some level of privacy.
- One option is to enter a protective order that requires attorneys and parties to maintain the confidentiality of certain documents. These documents can include business interests, mental health records, or otherwise. The parties can agree to enter into a protective order, or a judge can order one.
- Another option is to appoint a consensual special magistrate, also known as a private judge. A consensual special magistrate has the full authority of a sitting judge, and his or her rulings are binding. As such, the parties can work with the consensual special magistrate to create confidential processes and even hold a trial in an office rather than in a courtroom open to the public.
- Finally, if all else fails, a party can request that a judge order the record sealed. In order to seal the record, a judge needs to determine whether the common—law presumption of access has been overcome by “strong countervailing reasons” to keep the document sealed. Schumacher, 392 NW2d at 205—06. It is certainly not guaranteed that a judge would find a “strong countervailing reason” exists to seal a record, even one involving intimate details of a divorce.
Overall, it is always a good idea to consult with an attorney on how to keep your information private. Contact the family law group at Hellmuth and Johnson to discuss the details of your situation.
