There was a time when a privacy breach was the work of a highly trained investigator. But with the rise of generative AI, the threat of identity theft and hacking, and the increasing presence of surveillance cameras, privacy has never been more challenging to protect.
Amy Laughlin, Founder and Managing Partner of Laughlin Legal Divorce & Family Law Group in San Mateo, has been helping high-profile divorce clients keep their lives strictly confidential for years. Here are Ms. Laughlin’s answers to some of the more common questions she fields regarding privacy in divorce.
Q What’s the difference between high-profile divorce privacy in California and high-asset divorce privacy?
Generally if someone is high-profile they’re also high-asset. They’re not the same by definition but they often occur together.
In my experience, everyone wants to protect their reputation and how they’re perceived, not just high profile people. For the latter, the consequences of airing your divorce battles in the news can be significantly greater. It all comes down to how you protect the private information that gets out to the public.
Though you might occasionally hear mention of a high-profile divorce, if you actually go looking for the details, you probably won’t find much because there are companies that specialize in removing personal information from data brokers, requesting removal from websites where possible, and reducing the visibility of personal information in search results. But you must be proactive because the court has to publish every new filing on a Register of Actions. And because Registers of Actions are public, data brokers, media organizations, and others may monitor court filings involving high-profile individuals.
As far as protecting your financial privacy, California procedures generally seek to limit the amount of sensitive personal financial information that becomes part of the public court file, even though extensive financial disclosures are required between the parties. The court does not want your social security number sitting out there any more than you do! Depending on the circumstances, a court or private judge may review particularly sensitive financial documents outside the public record, consistent with applicable court procedures.
Q Is protecting your privacy during divorce the same as protecting your reputation during divorce?
Again, they’re not the same, but they’re often related. Protecting your privacy and protecting your reputation both hinge upon controlling the information about you that is shared.
You can protect your privacy by protecting your financial data: by getting divorced with a private judge, and managing your online security to protect you from identity theft and cybercrime. The easiest way to manage your reputation is to refrain from engaging in scandalous behavior and by keeping your secrets to yourself.
Q What are some of the high profile divorce privacy concerns vs high asset divorce privacy concerns?
The privacy concerns of high-profile individuals are often related to security risks for themselves, for their children, for their home. This is why celebrities often shield their children from the public because if they can be identified, they can be at risk. Regarding property, depending on how it’s acquired and titled, trusts or LLCs may provide an additional layer of privacy, although they are not a complete solution and should be discussed with legal counsel.
Sometimes information gets out in ways you hadn’t anticipated and that’s when you hire a service like Incogni, Delete Me, or Optery to erase you from the internet.
High-asset individuals are often more anonymous than high-profile people, so their privacy concerns are more financial in nature. Hiring a private judge is a good place to start, and hiring one of those data removal services to catch whatever financial data slipped in between the cracks like vote registrations, business filings, marketing databases, social media, property records. Any of those can make you financially vulnerable.
Regardless of what you’re trying to protect, adopt a practice of not posting anything online. And not engaging in gossip. Be very, very judicious with whom you share the details of your home life, your children, your marriage, your divorce. Expect that anything that can be exploited to someone else’s advantage will be.
Q Is privacy in a high-profile divorce in California an increasingly important issue?
Absolutely. Because whoever controls the data controls you. It used to be easy to remain private before the internet. Back then, if you wanted to get a copy of a record, you had to go down to the courthouse and stand in line along with everyone else. Now, you request a copy online. That ease of access and the amount of information you can get makes data theft and identity theft pretty enticing.
Q Does How do you accomplish a private divorce settlement in California?
Mediation is one way to protect your privacy during divorce. You can negotiate your settlement in private. A private judge is another way.
Having both spouses and their attorneys and legal staff sign a confidentiality agreement is another. Consider having business partners and staff as well as your private staff – nannies, housekeepers, cooks, therapists – also sign an agreement.
When appropriate, work with your attorney to determine whether portions of your settlement agreement can remain outside the public court file.
Q Are you an advocate of private mediation in a high-profile divorce? What role should it have?
I’m a big fan of mediation for a couple reasons. Firstly, all mediation is private by statute, and California law provides very strong protections for mediation confidentiality, with limited statutory exceptions.
Secondly, in my experience, before they enter into mediation, couples very often do not realize that they’re not all that far apart in terms of arriving at a settlement agreement. For both reasons, I advise all my clients to try mediation first.
Q Are private judges a means of protecting privacy in a high-profile divorce?
All of my clients are high asset, and virtually all of them choose a private setting for their divorce whether that means they hire a private judge or negotiate their settlement in mediation.
One of the main reasons people want a private judge is you get to choose your own judge, possibly one who specializes in the areas that are complex in your case. And these are, as a group, very high quality judges.
Arguably everyone would choose a private judge if they didn’t have to pay for it. I retained a private judge yesterday, whose rate is $1400 an hour. Though it’s split between the two parties, the hourly fee frightens clients until I explain that going through the public court system is very often more costly, not less. If your case goes to trial it can take years. In addition, judges in the public court system rotate through assignments, so you may be assigned a judge with less family law experience than an experienced private judge. Private judges who have served in the public court for many years, have seen and heard it all. They know exactly what they’re doing. Their competency and experience is priceless because there’s a very good chance you’ll wrap things up in a fraction of the time.
Q If you’re a high-profile individual or couple, what can you do about protecting your family from the media during divorce?
Most high profile people already know this list of do’s and don’ts. For the sake of everyone else, these basic rules are a great place to start.
1 Hire a company to remove any information on the internet about you, your family, your business, and your divorce.
2 Choose a private judge. In addition to enhanced discretion, you’ll generally get a faster resolution. And faster resolutions
are less likely to be privacy-invasive.
3 Do not post things online. You’re inviting trouble if you do.
4 Do not gossip with friends. It’s a tacit indication that it’s ok to talk about your divorce.
Is a Laughlin Legal complex or high-profile divorce attorney a good choice for your high-asset divorce?
We think we’re an excellent choice. If you’d like to find out why, please reach out and schedule a consultation with a Laughlin Legal high net worth divorce attorney to see if we’re a good fit. If you or someone you love is headed for divorce, learn more about how the services we offer can best represent you and your values. Call us now at 650.343.3486 to schedule your consultation or if you’d prefer, you can email us to set up your appointment. If we miss your call, we will respond promptly and call you back as soon as possible.
Laughlin Legal Divorce & Family Law Group
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