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Apr 20, 2019BY: Neil Cahn

Keeping Matters Confidential in Divorce

Confidentiality in divorce litigation is not automatic.

Take, for example, Noy v. Noy. There, the husband had asked Nassau County Supreme Court Justice Stacy D. Bennett to delay the disclosure of financial information until a proposed confidentiality agreement relating to financial information was signed. Justice Bennett denied that request. The husband appealed and the Appellate Division, Second Department, affirmed.

Procedural rules in court do grant judges the authority to exercise their “sound discretion” and ” issue a protective order denying, limiting, conditioning, or regulating the use of disclosure devices upon a showing that unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to the parties or others can be prevented by the issuance of such an order.” Here, however, the appellate court agreed that the husband had failed to demonstrate that such “unreasonable” annoyance, etc., would result without the confidentiality agreement.

How can parties keep matters confidential? Stay out of court.

With the Collaborative Divorce process, both parties agree to be financially transparent. A neutral financial specialist will review relevant data and report to the parties and the team. Matters “discussed at the table, stay at the table.”

The author, Neil Cahn, is a member of the Collaborative Divorce Resolutions law group of Long Island which is an association of attorneys, family specialists and financial neutrals specializing in the collaborative process. If you would like to learn how this alternative to traditional divorce litigation can work for you, feel free to contact Neil Cahn. Contact information along with a brief bio can be found on the author's profile page. Simply click or tap the author's image or the "View Profile" link on this page.

Filed in: Conduct and Communications,  Finances and the Financial Neutral

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