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Protecting What Matters Most
For legal counsel to help you do what’s best for your family, contact Evans Family Law Group in Austin today.
I’m Divorced, Now Can I Seal the File from Public View?
Going through a contentious divorce can be an excruciatingly public affair. All of your “dirty laundry” is aired out in public, at hearings or through court filings. Even after you finally get divorced, the information contained in the entire divorce file remains available, permanently, for the public to see and view and, there are likewise practical reasons to avoid public scrutiny of your divorce file.
You don’t have to be a celebrity for people to be interested in your private life. What can a person do?
The Texas Rules of Civil Procedure sets out a very specific remedy for this, known as “sealing”. The effect of sealing a file means that the file is not available to the public unless a proper motion is filed, a hearing is heard by the Court, and the Court Orders the file to be unsealed and made available to the public.
The Rule, located at Texas Rules of Civil Procedure 76a, sets out a sometimes onerous method for getting court files “sealed,” meaning shielding them from public consumption. These rules apply to civil cases and set out the elements that must be met to seal a court record. There is a burden put on the person attempting to seal the record to prove why it should be sealed because there is a presumption that court records should be open to the public.
A person attempting to seal a court record must show a specific, serious, and substantial interest that clearly outweighs the presumption of openness and outweighs any adverse effect on the general public regarding sealing such court record. A person wishing to seal a court record must notify the public of the intent to ask the Court to seal court records with a public notice. The Texas Rules of Civil Procedure do not allow a Court to just “seal the whole court file,” a person wishing to seal court records must meet their burden as to each record, and each portion of each record. This can be a very complicated and time-consuming process.
However, the Texas Rule of Civil Procedure 76a specifically states that court records filed under the Family Code are not “court records” for the purposes of the rule. ITRCP 76a(2)(a)(3). In other words, family law cases, such as divorces, do not need to meet the same standard for civil cases set forth in Texas Rule of Civil Procedure 76a in order to seal court records. In re Bain, 144 S.W.3d 236, 241 (Tex. App.—Tyler 2004, no pet.)
In other words, for sealing a family law matter, the Court has near-complete discretion to seal a file that is a family law matter, such as divorce, custody, child support or other family law matter. There is one exception even to this rule, however, that any Order or Opinion that was rendered by the Court may not be sealed.
In my experience, because of the privacy implications, family law records are generally sealed upon a request by the Court.
If you believe that the records related to your divorce need to be sealed or that you are already divorced and want to go back and request the court to seal your records, can be sealed with a proper motion and order. There is something to be said for being able to truly “move on” after your divorce.
Our Divorce Attorneys serve clients in Williamson County, Travis County, Bastrop, and Hays Counties as well. Our Austin Divorce Attorneys offer a free consultation and oftentimes can make arrangements to work through phone conference or Zoon, if necessary. Put the extensive experience of Austin, Texas divorce attorney James W. Evans to work for you. Call us today at (512) 628-2550 to discuss your case.
Our Austin family law attorneys handle a wide range of matters, including divorce, child custody, child support, spousal support (alimony), property division, prenuptial and postnuptial agreements, adoption, and modifications of court orders. Whether your case is straightforward or highly contested, our team provides personalized legal guidance to protect your rights and your family’s future.
The timeline for a divorce varies depending on the complexity of the case and whether it’s contested or uncontested. Texas law requires a 60-day waiting period after filing before a divorce can be finalized, but contested cases involving disputes over property, custody, or support can take several months or even longer to resolve.
An uncontested divorce occurs when both spouses agree on all major issues, such as property division, custody, and support. These cases are generally faster and less expensive.
A contested divorce, on the other hand, involves disagreements that require negotiation, mediation, or a court decision. Our attorneys are experienced in both types of cases and can guide you through either process efficiently.
In Texas, the court’s primary concern is always the best interest of the child. Factors considered include each parent’s ability to provide for the child, the stability of each home environment, the child’s relationship with each parent, and, in some cases, the child’s preferences. Our Austin family lawyers work hard to protect your parental rights and achieve an arrangement that supports your child’s well-being.
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Let Our Team Help You
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.
The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
I’m incredibly thankful for the Evans Family Law Group, especially Jimmy Evans and his paralegal, Ashley, for the guidance, support, and compassion they showed me during one of the most stressful and emotionally draining times in my life. From the very beginning, they were responsive, patient, and truly made me feel like I wasn’t alone in the process.
Ashley was amazing to work with. She’s incredibly organized, always on top of every detail, and consistently kept me in the loop about what was going on. Anytime I had a question or concern (and I had a lot!), she was quick to respond and always made sure I understood exactly what was happening. Her calm and professional demeanor gave me a lot of peace of mind during a time when everything felt uncertain.
Jimmy is arguably one of the best family lawyers in Austin. Cares about his clients and has the track record of recognition to back it up. Rare to find a divorce attorney in Austin with such positive reviews and that should tell you all you need to know! Divorce and custody battles are difficult, hire the right attorney first and get your desired result. If you want what is best for your family, you should hire the best lawyer you can. Jimmy and his team are the answer!
Are you facing the prospect of a divorce in Austin and unsure where to turn for guidance? Handling the challenges of divorce can be difficult, especially when it involves issues like child custody, property division, and spousal support. Our Austin divorce lawyers are committed to helping you find effective solutions that protect your interests and provide peace of mind during this pivotal time. For personalized legal assistance with your divorce, reach out to Evans Family Law Group today.
Our Bastrop County Divorce Lawyer guides you through the multiple steps of divorce, ensuring your rights and interests are protected every step of the way. Imagine trying to handle a divorce without a knowledgeable guide—it’s like sailing through a storm without a compass. For example, understanding Texas divorce laws, like residency requirements and property division, can be confusing without help. Don’t face this challenging time alone.
Imagine facing the daunting task of dividing assets, determining child custody, and navigating spousal support—all while dealing with the emotional strain of a marriage ending. This is where a skilled divorce lawyer steps in and provides the necessary support to make the process as smooth as possible. A Hays County Divorce Lawyer is dedicated to guiding individuals through the divorce process with knowledge and compassion.
Divorce is a challenging and emotional process that can be overwhelming without the right support and guidance. If you are considering or going through a divorce in Travis County, having a knowledgeable divorce lawyer by your side is imperative. A Travis County divorce lawyer can help you navigate the complexities of local family law, protect your rights, and ensure a fair outcome.
Divorce is a challenging and emotional process. Navigating the challenges of divorce can be overwhelming, especially when you’re unsure where to start. A Williamson County Divorce Lawyer will guide you through the process, ensuring that your rights and interests are protected every step of the way.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.
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