Does Divorce Arbitration Remain Confidential?

Getting divorced is a difficult and emotionally draining process. It can take a few short weeks to several years worth of grueling disputes. Couples may seek alternative ways to get divorced instead of traditional litigation. Arbitration is a popular choice during divorce for many reasons, one of which is that the information shared generally remains confidential. If you are going through a divorce continue reading and reach out to a Montgomery County divorce lawyer for representation.

What is Arbitration?

Arbitration is a form of alternative dispute resolution (ADR). In this process, an impartial third party, the arbitrator, makes legally binding decisions on behalf of the parties involved. In the case of a divorce, arbitration is used to address many important topics including asset division, child custody, and spousal or child support obligations. The process is typically faster and less formal than going to court.

Is Divorce Arbitration Confidential?

Arbitration is a confidential process, meaning that the specific information shared during hearings is protected from the public eye. These hearings take place in a private room and a much less formal setting than litigation. The couple can negotiate the terms of the process including what information remains private and what can be disclosed.

Are there Limitations to the Arbitration’s Confidentiality?

As with any rule, there are exceptions and limitations to the confidentiality that arbitration grants couples. Information can be shared under certain circumstances, like if the couple both agree in writing.

Additionally, if any information shared during the arbitration hearing exposes one or both parties’ criminal or fraudulent behavior, that information may be disclosed at a later date. This can include financial fraud, child abuse, and more.

If any records or information shared during arbitration become relevant to a later legal proceeding, the arbitrator may be required to disclose it.

Why is Confidentiality Important?

Couples may desire confidentiality during their divorce process for many reasons, the main being to protect their privacy. Divorce proceedings can expose a lot of private and sensitive information including financial information and family matters. Arbitration allows couples to keep this information out of the public eye. This is a priority for many spouses, especially those who share children and want to protect their family.

Arbitration also allows couples to maintain more control over the process than if they went to court. While it does not offer spouses the same decision-making powers as mediation does, it still allows some control. For example, the couple gets to decide who their arbitrator is and how the proceedings are conducted.

If you are considering arbitration it is important that you fully understand the scope and limitations of the process as well as your rights and responsibilities. It is wise to consult with a legal professional before making any final decisions, and obtaining representation during arbitration is highly recommended. Reach out to a skilled attorney today for more information and legal advice.