Transparency and Privacy In Collaborative Divorce

Transparency and privacy. These seem like two polar opposite concepts—completely at odds with one another. Particularly with the advent of social media and the “share everything” generation, transparency has become overly pervasive while privacy has become almost nonexistent.

Our society is inundated with moral and philosophical questions about transparency and privacy as well. How much transparency should our government agencies have? How much privacy do we, as citizens, have a right to? Do celebrities have the same rights to privacy as public figures? Does a whistleblower have a right to force transparency by breaking the law? And should these rights be be sacrificed in the name of public safety?

Transparency and privacy are eternally connected, yet conflicting ideas, and not everyone agrees about their benefits and drawbacks.

Philosophical musings aside, however, did you know that these concepts of transparency and privacy have very meaningful ramifications for a divorce case? In fact, in a collaborative divorce these concepts are repurposed for universally positive reasons that are beneficial to both parties. In a collaborative divorce, it is possible to have both transparency and privacy, and have that be a positive thing for everyone involved. Here’s how:


In a collaborative divorce, the concept of transparency is applied between the divorcing couple and their attorneys. It is the divorce equivalent of putting all of one’s cards on the table. Each party agrees from the start of a collaborative divorce to openly share information with one another without the need for formal legal requests to produce documents and information or for formal discovery tools. This ensures that every aspect of each person’s assets and circumstances are fairly accounted for in the terms of the divorce agreement. This transparency allows couples to be open about their needs and desires, so that they can come to an equitable settlement about division of property, alimony, parenting plans, and more. This mutually beneficial freedom of information avoids the cost and frustration of procedural court minutiae and discourages either party from attempting to act unscrupulously or hide benefits.


Think you can’t have privacy along with transparency? Utilizing collaborative law for your divorce ensures that the private details of your split remain between you, your ex-spouse, and your attorneys. Whereas the court transcripts and pleadings that are involved in traditional divorce litigation are a matter of public record, accessible by anyone with a desire to see them, a collaborative divorce keeps you out of the courtroom, and hence, keeps your sensitive information private. Divorce is usually one of the most difficult emotional challenges anyone faces, and nobody wants the private details of their divorce on display for the world to see. This is beneficial for anybody who wants their divorce details to remain private, but it is particularly helpful for public figures like celebrities or politicians.

Normally in our society, transparency and privacy are mutually exclusive ideas that cannot coexist. In a collaborative divorce, however, you can have your cake and eat it too. You will have transparency of information throughout the process between you, your spouse, and your attorneys, and you will also have privacy by keeping the details of the divorce out of the public eye. If you have questions about collaborative law, or if you think a collaborative divorce could be right for you, please give us a call to discuss your options.

Written by Collaborative Divorce

Collaborative Divorce

Our passion is helping individuals like you resolve your divorce and family law challenges with as little stress as possible. We understand that this is a difficult time in your life and we strive to give you predictability and peace of mind throughout all legal proceedings. One of the key ways in which we deliver that experience is by customizing our approach to fit your exact needs.