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How to Protect Your Privacy During a High-Asset Divorce

May 19, 2023

How to Protect Your Privacy During a High-Asset Divorce

Divorce can be daunting, especially when high-value assets are involved. Even if it feels amicable, a divorce can quickly turn ugly when elements like property division create friction. If you’re in the middle of dividing high-value financial assets, you don’t need the added struggle of keeping prying eyes out of your affairs.

You can turn to an experienced Cobb County divorce attorney to help keep your divorce proceedings private in Georgia. Learn more about what your family law lawyer can do for you.

Who Can See The Details of a High-Asset Divorce?

Under Georgia law, divorces fall under the public record once filed. Anyone with access to the court records — either online or in-person — can look up your divorce details. Access and available information will vary from county to county, but it can still feel like an invasion of privacy.

Divorce is a personal process. If you are leaving a toxic marriage and looking for a fresh start, it’s likely that you don’t want anyone to know intimate details of your life, especially if you’re dealing with high-value assets. Fortunately, the team at Gentry Law Firm LLC has decades of experience protecting personal assets and reputations.

Possible Assets Included in a High-Value Divorce

Georgia divorce laws require couples to split their marital property equitably. That doesn’t mean everything gets split down the middle; it means that property is divided fairly between the two spouses, based on money-making ability, behavior during your divorce, and more. You might not want the details of your divorce revealed publicly for many reasons. It could be that you wish to maintain your privacy or there could be business-related reasons to keep your divorce details private.

Some of the assets you may be concerned about detailing publicly might include:

  • Businesses
  • Corporate Assets
  • Professional or Medical Practices
  • Retirement Accounts
  • Stock Options
  • Trust Assets
  • Jewelry, Real Estate, Furniture, or Art
  • Investment Portfolios
  • Vehicles

Your attorney will ask you for a list of these assets during the discovery phase. Don’t worry if you’re not aware of all the assets your spouse may own; your divorce attorney should have tools for tracking them down.

Examining High-Value Assets: Tracking and Uncovering Property

When you have several high-value assets during a divorce, you should be mindful of what’s tracked, how it’s cataloged, and where that information is recorded.

Even if some records are public, keeping your divorce details private can protect you from prying eyes. For instance, you might be using a limited liability corporation to hold property for you; many people may not realize it’s your LLC until it becomes associated with your divorce. Someone might find the LLC, but the divorce records can provide extra details for anyone poking into your affairs to find your assets.

Do Not Try to Hide High-Value Assets in a Georgia Divorce

As tempting as it might be to hide assets or move them somewhere to limit access for your spouse, this move is likely to backfire on you. You might think you have a chance of keeping your assets out of public view, so there isn’t a need to keep your divorce details private.

However, your spouse probably will know about any assets you attempt to hide or their attorney will be able to find them. A judge will hold you in contempt if you break this law. When the property is divided, the judge may award your spouse more of your assets than they’d originally intended as a result. This goes for your spouse as well. Knowing where assets are and how much they are worth will help you fight for what you deserve.

How to Keep Eyes Off Your Divorce Proceedings

Even when there are public proceedings, there can be methods to reduce the availability of those records to the public. When you’re trying to protect your holdings, it’s reasonable that you find a method that works for you.

Arbitration

Divorce proceedings become public when they are filed in court. So, one way to keep them “off the books” is to use an Alternative Dispute Resolution method called arbitration. You can file for divorce then work out details of the divorce outside of the court system.

You and your attorney will meet with your spouse and their attorney to work out the intricacies of your separation with a third party, including dividing your assets. The third party is typically another attorney, or impartial retired judge. The arbitrator will create a binding decision. A judge must approve the final settlement, but most of the details will be kept out of the public eye.

It is always in your best interest to consult with a divorce attorney before deciding your best route. An experienced Cobb County divorce attorney will know how to fight for your best interests in the middle of conflict.

Mediation

Another style of ADR, like arbitration, mediation allows all parties of a divorce to sit down and discuss the details of a divorce without recording all the details in the public record. A key difference from arbitration, however, is that a decision reached in mediation is not binding. A mediator can guide the couple to a decision, but they won’t make one. Your attorneys will have to agree on the decision, and you and your spouse will have to consensually decide on the decision.

Sealing Court Records

Although it is rare, it might be possible for someone going through a divorce to file for sealed records. That is, one of the parties involved in the divorce may ask the court to seal the details of the divorce. They’ll have to show the court that the details could cause some kind of harm to them.

It’s important to note that you cannot simply ask for sealed records because your reputation might be hurt. Once you have an attorney by your side, it’s best to ask them if this is a possibility for your case.

Why You Need a Georgia Family Lawyer for Your High-Asset Divorce

Divorce can be challenging and nerve-wracking. Even if both parties agree to end their marriage, arriving at an acceptable settlement can be difficult. Add in some very expensive or valuable assets, and things could quickly become contentious.

A knowledgeable attorney can help you keep track of your rights throughout the divorce process and advise you on how to protect your family’s future. You have worked hard for what you have. Don’t let it slip through your fingers because you didn’t find the right lawyer.

Find a Divorce Lawyer to Help With Your Georgia High-Asset Divorce

If you’re dealing with a divorce that has precious assets attached to it, you need to work with experienced and knowledgeable Georgia family attorneys. The Gentry Law Firm is prepared to help secure your assets.

We’ve helped countless families through their divorce proceedings and can file the necessary motions to keep your affairs out of public view. We have experience in arbitrations and mediation. We know you’re in a stressful situation, and we’re ready to support you through it.

Call (770) 425-5573 or schedule your free initial consultation online.

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