Divorce is deeply personal, but balancing privacy and transparency in a high-profile divorce is essential for a fair and equitable outcome. Public figures often go to great lengths to keep their divorces out of the public eye to avoid damaging their reputations. One example is Ryan Reynolds and Scarlett Johansson’s divorce in 2011, which was primarily conducted in private, sparing both actors from an avalanche of rumors and public judgment. By avoiding a public spectacle, Reynolds and Johansson could move on with their lives without their issues being more tabloid fodder than they already were.

In three decades of practicing family law, I have worked with many couples who lived abroad, including the notable Elin Nordegren case against Tiger Woods. I have seen firsthand the spread of false information and the repercussions of not following protocol. Here are some tips to protect personal boundaries while preserving the integrity of the legal process, ensuring that both parties can move forward without unnecessary conflict or harm.

Privacy during a divorce can be vital for several reasons. First, it allows both spouses to negotiate divorce terms, such as custody arrangements, alimony, and asset division, without the pressure of scrutiny from family or the public. This approach can lead to a more amicable separation and reduce the need for lengthy and contentious litigation. In private divorces, couples often feel more in control of their narratives and decisions without worrying about how others perceive their matters. For celebrities, privacy during a divorce is precious. 

Privacy also helps protect children from the emotional burden of their parents’ separation. Keeping divorce proceedings confidential means that sensitive information regarding extramarital events, abuse, custody, and support arrangements can be shielded from public view. In Florida, several rules limit access to court records involving minor children during a divorce, including Chapter 39 of the Florida Statutes, Section 00145, restricting access to court records involving minor children during a divorce. This ensures that personal details about the children’s well-being remain confidential, a crucial consideration for couples prioritizing their kids’ mental health and stability.

A lack of privacy and transparency in a divorce case can lead to significant emotional strain, reputational harm, and legal complications. Public exposure of personal details can intensify conflicts between spouses, prolong the process, and make it harder to reach amicable agreements. Media coverage can harm both parties’ reputations and career prospects in high-profile cases like celebrity divorces. The lack of privacy in the Amber Heard and Johnny Depp divorce captivated popular culture but had significant consequences for both parties, amplifying the emotional and reputational toll of an already contentious split. With the intense media scrutiny and public interest surrounding their case, deeply personal accusations, including allegations of abuse, were aired for the world to see. This public exposure fueled public opinion and led to lasting damage to both actors’ careers and reputations. The highly publicized trial turned a private matter into a spectacle, resulting in a barrage of social media commentary and polarized debates, making it difficult for both parties to separate their personal and professional lives from the divorce proceedings.

Requests can be made to the court for divorces to be sealed to protect details from becoming public, but this is only sometimes granted, as it must be shown that public access would cause significant harm. So, ensuring privacy during a divorce, especially in high-profile cases, requires a comprehensive strategy guided by an experienced attorney. One way to protect personal information is using non-disclosure agreements (NDAs), which both spouses, their attorneys, and any professionals involved in the case can sign. In certain situations, the court can also impose restrictions, limiting public access to the courtroom and sealing sensitive records to keep personal details out of public view. In some cases, divorces can be processed under an “Anonymous v. Anonymous” caption to protect the parties’ identities. These legal measures and strategic case management can help keep the divorce process as discreet as possible while ensuring compliance with the law.

Finding the right balance between privacy and transparency is difficult but possible. As in any conflict, open communication between spouses and their attorneys is essential to ensure that both parties act in good faith. Couples prioritizing transparency during private divorce negotiations are likelier to reach a fair and equitable resolution with the scales of justice closer to balance.

Rebecca L. Palmer, Esq. is a Family & Marital Law attorney practicing in Orlando, FL. She may be reached at rebecca@rlplawgroup.com.