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October

Michigan Divorce Law Leaves Major Hole in Information Protection

By Jeffrey M. Salassa

information protection concept where a Clinton Township divorce attorney is fixing an open lock

No one wants the details of their divorce becoming public information. In most cases, divorce is a private matter and the families involved want to keep private details of the proceedings just that, private, especially when children are involved. While most divorces in Macomb County will never draw the attention of the media, or the general public, there is no guarantee that the sensitive details of the proceedings will remain private as Michigan law currently allows any court filing to be viewed or purchased by the public.

Any Court filings in the State of Michigan are public record, which means that anyone who wants to view or purchase those records can. As such, private details of a divorce can be made public. However, there is a movement gaining traction which seeks to change what is considered public record as a result of an ongoing divorce and child custody battle taking place in Oakland County, where personal information about the divorcing couple and their minor children have been made public.

The current state of law, as it relates to the classification of public records, creates many problems for divorcing couples. For example, it is actually possible for one spouse to find out that the other has filed for divorce from a third party, i.e. a friend, family member, or an attorney “trolling” for new clients, simply because the filing is accessible by the general public. Additionally, divorce pleadings are often rife with emotionally charged allegations that could taint a party’s reputation if made public, and cause damage to their relationship with their children.

The reality of divorce filings being public record may come as a surprise to many who believed that their divorce proceedings would always remain private. However, unless a change is made to the law, there is a very real possibility that the details of your divorce could become public. That is why if you are about to go through a divorce in Macomb County, you should contact an experienced divorce lawyer to help safeguard against the dissemination of this private information during the divorce process. At the Law Offices of Iafrate & Salassa we will take every step necessary to ensure your privacy and confidentiality throughout your divorce. Please contact our office today at 586-263-1600, or click here to reach us online.

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