Privacy concerns lead couples to 'collaborative' divorce
Couples are opting to keep personal details out of newly accessible court records, lawyers say
The following article appeared in the August 21, 2024, edition of The Charlotte Ledger, an e-newsletter with smart and original local news for Charlotte. We offer free and paid subscription plans. More info here.
More couples are opting for ‘collaborative divorces,’ which keep sensitive details out of court records; new electronic access adds pressure to privacy issue
Mecklenburg County court records show that divorce filings are down from Covid-era highs. From July 2023 to June 2024, almost 3,300 divorces were filed. Between July 2020 and June 2021, more than 4,200 divorces were filed. (Image from Shutterstock)
by Lindsey Banks
With Mecklenburg County’s new e-courts system making public records — including sensitive divorce filings — accessible online with just a few clicks, more couples are turning to an alternative divorce process that offers more privacy for their families.
The process is called “collaborative divorce,” and unlike traditional court cases that leave personal details exposed in public records, collaborative divorce allows couples to settle their differences more amicably and privately outside the courtroom.
Divorce filings have always been public documents that are searchable with a trip to the courthouse, but attorney Tonya Graser Smith of GraserSmith family law firm said Mecklenburg County’s shift to the e-courts online database in October heightened couples’ privacy concerns. As a result, she anticipates a surge in couples choosing the discretion of collaboration over litigation.
“Some of the stuff that gets put into these pleadings, I think, would severely damage an adult child to sometimes read,” Graser Smith said, “and sometimes things at the beginning of a case are going to be much more dramatic than at the end of a case. Even though things may be agreed on by the end, it doesn’t erase all the things written at the beginning.”
How it works: Collaborative divorce isn’t new, but experts in the family law industry say it’s becoming increasingly common as more attorneys recommend it to their clients. The process is typically quicker than a court divorce, and because the couple shares the costs, it usually costs them less in the long run, said Sandra Lee, a Charlotte divorce mediator and coach with 24 years of experience.