Perhaps you’ve heard that divorce records are available to the public. Does this mean significant parts of your private life will be available for anyone to see and read? Is there anything you can do to keep your divorce private? The answer is “yes”—mediation is a great option. As Charleston divorce mediator, I help people protect their confidentiality through mediation.
Background: The Fact of a Divorce is Public Record
To start, it is important to understand that the fact that a marriage ended—meaning a divorce was finalized—is part of the public record in South Carolina. Under the South Carolina Freedom of Information Act (FOIA), basic details regarding the fact of divorce can be obtained through a public records search. In other words, general information—such as the parties involved and the date of the divorce decree—are accessible to the public. Any person can request these records.
Divorce Litigation Can Also Be Part of the Public Record
What happens if you go to trial in a contested divorce case in South Carolina? The short answer is that your case can also be part of the public record. Among other things, this includes filings such as petitions, responses, and motions. The transparency of litigation is designed to ensure that proceedings are conducted fairly. With that being said, even with divorce litigation, certain sensitive matters—such as details regarding child custody—may be sealed by the court. Indeed, the parties involved in divorce litigation can petition the court to keep specific documents confidential to protect their privacy. However, a South Carolina court may not always grant a petition to seal records. Any details within a divorce trial could potentially become public information.
Keep the Details Private: Mediation is a Fully Confidential Process
Here is good news: Other than the basic facts, your divorce does not need to become part of the public record in South Carolina. You can keep specific details regarding why your marriage broke down, your finances, and your family out of the public record. Mediation offers a confidential alternative to public divorce litigation. During mediation, both parties can discuss their issues privately with a neutral third party. The details of these discussions are not disclosed to the public.
Confidentiality within the mediation process is available for a number of different reasons. Not only does it keep sensitive information out of the public record, it is also designed to encourage open and honest communication—and, as such, it allows for more personalized, amicable solutions. Any agreement reached in mediation is typically summarized in a final document. However, even your settlement can be kept largely confidential. Only the fact of your divorce is public record.
Other Benefits of Using Mediation for a Divorce in South Carolina
A strong confidentiality provision is one key benefit of using mediation for a family law matter. Here are some other advantages of using mediation for a divorce in South Carolina:
- Saves Time: Mediation typically resolves disputes faster than traditional litigation. While court cases can take months or years to conclude, mediation often allows couples to reach a far faster resolution. Flexible scheduling allows parties to progress at their own pace. By fostering direct communication, mediation eliminates the delays that can occur from back-and-forth communication through each party’s attorney.
- Less Expensive: Divorce litigation can be expensive. In contrast, mediation can save a lot of money. It can reduce legal costs. The process minimizes the need for discovery, multiple court appearances, and other complex legal matters. By reaching a mutually agreed-upon settlement, divorcing couples in South Carolina can avoid a costly, drawn-out process.
- Non-Adversarial: Mediation encourages a cooperative approach to problem-solving. It is extremely valuable for couples who want to preserve a cordial relationship. Of course, that is crucial in cases when children are involved. Divorce mediation allows the parties to work collaboratively to reach a solution that is agreeable to both. It de-emphasizes the “win-lose” atmosphere of litigation.
The Bottom Line: Mediation in South Carolina not only keeps divorce proceedings discreet but also provides a quicker, cost-effective, and cooperative environment that can lead to a more amicable, healthier post-divorce relationship.
Schedule a Confidential Consultation with a Charleston Divorce Mediator Today
At Charleston Divorce Mediators, LLC, we provide mediation services that you can trust. If you want to keep your divorce confidential, mediation is an excellent tool. To get started, schedule your confidential appointment today. Our team provides divorce mediation support in Charleston and throughout all the surrounding regions in South Carolina.
About Catherine Marra
Catherine Marra is a nationally certified Divorce Mediator with over 30 years of experience in Family Law, including 20 years in private practice and 10 years as a Family Court Magistrate. She uses her knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.