WHY COLLABORATIVE PRACTICE IS BETTER THAN SEALING A COURT FILE
Recently, the divorce proceedings of Blake Shelton and Miranda Lambert made the news. Oddly, the news story was not about the lives of the parties to a high profile divorce. Rather, it was all about the fact that the divorcing couple sought to have their personal and private affairs remain personal and private. The couple had received the approval of the trial court to protect the details of their marriage from public view. These are the same details that no one is compelled to make public during the marriage. At the center of the controversy is a statute passed by the Oklahoma Legislature in 2014 that compels the trial court to make specific findings as to why a court file should be sealed. Even though the Legislature requires that files related to adoptions, guardianships, and juvenile proceedings be sealed and closed to public view it appears that in the private world of a divorcing couple the marriage is fair game for the public and press.
This story illustrates why there are an increasing number of couples choosing to use the collaborative process for divorce. By using Collaborative Practice for their dissolution of marriage, the parties are able to resolve all issues in private negotiations, which do not involve pleadings, motions, discovery, hearings, court orders, and a public trial. The decision of the parties is contained in a settlement agreement that is not made a part of the public record. Only a few documents need to be filed with the court and none of the private affairs of the couple are made public. In addition to the privacy benefits of Collaborative Practice, this process is less costly and is always less divisive and destructive to the relationship of the parties.
More information about Collaborative Practice can be found from the Oklahoma Academy of Collaborative Professionals at www.yourdivorcechoice.com
Recently, the divorce proceedings of Blake Shelton and Miranda Lambert made the news. Oddly, the news story was not about the lives of the parties to a high profile divorce. Rather, it was all about the fact that the divorcing couple sought to have their personal and private affairs remain personal and private. The couple had received the approval of the trial court to protect the details of their marriage from public view. These are the same details that no one is compelled to make public during the marriage. At the center of the controversy is a statute passed by the Oklahoma Legislature in 2014 that compels the trial court to make specific findings as to why a court file should be sealed. Even though the Legislature requires that files related to adoptions, guardianships, and juvenile proceedings be sealed and closed to public view it appears that in the private world of a divorcing couple the marriage is fair game for the public and press.
This story illustrates why there are an increasing number of couples choosing to use the collaborative process for divorce. By using Collaborative Practice for their dissolution of marriage, the parties are able to resolve all issues in private negotiations, which do not involve pleadings, motions, discovery, hearings, court orders, and a public trial. The decision of the parties is contained in a settlement agreement that is not made a part of the public record. Only a few documents need to be filed with the court and none of the private affairs of the couple are made public. In addition to the privacy benefits of Collaborative Practice, this process is less costly and is always less divisive and destructive to the relationship of the parties.
More information about Collaborative Practice can be found from the Oklahoma Academy of Collaborative Professionals at www.yourdivorcechoice.com