Los Angeles family law firm Berenji Divorce and Family Law Group (Berenji & Associates) is highlighting the increasing challenges high-profile individuals face when seeking privacy during divorce proceedings, as demonstrated by recent developments in the Hillary Scholten divorce case where a court denied requests to seal divorce records despite concerns about reputational harm.
The firm notes that situations like the Scholten matter reflect a broader trend particularly among individuals in public-facing or high-stakes professional roles toward seeking greater privacy in divorce proceedings. As more individuals attempt to protect their privacy during divorce, courts continue to limit when records can be sealed, leading to increased use of alternative dispute resolution methods that allow for greater confidentiality outside the public court system.
"More clients today are coming in with a clear goal: they want to resolve their divorce without it becoming part of the public record," said Hossein Berenji, Founder & Lead Attorney of Berenji Divorce & Family Law Group. "In most cases, the court is reluctant to fully seal divorce records. There has to be a compelling legal basis beyond general privacy concerns."
Family law attorneys are seeing an increase in clients who want to keep divorce proceedings out of the public eye. This trend is especially common among public figures, executives and business owners, and professionals whose reputation is closely tied to their work. Requests to seal records are often driven by concerns such as reputational impact, professional consequences, media exposure, and protecting children and family privacy. However, these concerns must meet a legal threshold to override public access.
While courts can restrict access in certain circumstances, full sealing is not the norm. Judges typically weigh the sensitivity of the information, the potential harm from disclosure, and the public's right to access court proceedings. Even when reputational risk is significant, it does not automatically justify sealing records. This creates a gap between what individuals want in terms of privacy and what the legal system allows regarding public access.
As a result, many individuals are turning to alternative legal strategies that allow for more privacy, including mediation for resolving issues privately with a neutral third party, private judging which involves hiring a private judge to oversee the case outside the public court system, and collaborative divorce through structured negotiations designed to avoid litigation. These approaches can significantly reduce public exposure.
"In situations where privacy is a priority, we often guide clients toward resolution methods that take place outside of the traditional courtroom setting," noted Berenji. "Rather than attempting to seal records after filing, many clients are now approaching divorce with privacy in mind from the outset."
This shift includes choosing alternative dispute resolution early, limiting contested filings, and structuring agreements outside of litigation. The firm observes that while the court system remains public by default, individuals who prioritize privacy are increasingly exploring alternative paths that allow them to resolve divorce matters more discreetly and with greater control over what becomes public.
Berenji Divorce & Family Law Group focuses exclusively on family law, with over 45 years of combined experience handling complex and high-asset divorce cases. The firm represents high-net-worth individuals, executives, and professionals in family law matters across California, regularly advising clients on privacy-focused divorce strategies including mediation, private judging, and collaborative resolution methods.
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For more information about Berenji & Associates, contact the company here:
Berenji & Associates
Berenji & Associates
3102716290
nikoo@berenjilaw.com
9465 Wilshire Blvd.
Suite 333
Beverly Hills, CA 90212
