Divorce is a deeply personal matter, and many people wish to keep the details private. While Georgia does not explicitly offer a “private divorce,” .
Alternative dispute resolution
Alternative dispute resolution, or ADR, encompasses any dispute resolution method outside of litigation, including mediation and arbitration. Georgia courts provide information on ADR to all litigants, and the confidentiality of these proceedings is governed by the ADR Rules of the Supreme Court of Georgia and various advisory opinions.
These rules ensure that discussions and agreements made during ADR remain private.
Private mediation
One way to keep divorce proceedings private is through mediation. Mediation is a form of alternative dispute resolution where a neutral third party helps the divorcing couple reach an agreement.
The Georgia Uniform Mediation Act, which became effective on July 1, 2021, offers new protections for parties involved in private mediation. Communications made during mediation are considered privileged and are not subject to discovery or admissible in court. This ensures that the details discussed remain confidential.
Collaborative divorce
Collaborative divorce is another method that maintains privacy. This structured, out-of-court process involves both parties working with their attorneys to reach a mutually agreeable settlement. If the couple cannot resolve their issues and decides to go to court, the collaborative process ends, and the attorneys must withdraw from the case. This approach encourages resolution outside of the public court system, keeping matters more private.
What can be kept private?
In our state, certain types of property can be considered separate and thus, kept private in a divorce. These include property acquired before marriage, gifts from third parties, inheritances, property acquired after a legal separation and property excluded by a pre- or post-nuptial agreement. By identifying and agreeing on these properties, couples can keep certain financial details private.
What cannot be kept private?
Despite these private methods, some aspects of divorce in our state remain public. Divorce proceedings are generally public records, accessible to anyone, unless the court agrees to seal the record. Courts will only seal records if the harm to the privacy of one party outweighs the public interest in accessing court documents.
While Georgia does not offer a completely private divorce, methods like mediation, collaborative divorce and ADR can help maintain privacy. By using these alternatives, couples can keep many aspects of their divorce confidential, which avoids the public exposure that comes with courtroom proceedings.