Home DIVORCE ADVICE: Q&A Should divorce trials like Countess Marie and CEO George David’s be kept...

Should divorce trials like Countess Marie and CEO George David’s be kept closed from the public’s earshot?

If you read this article from the Wall Street Journal, you will find an interesting http://online.wsj.com/article/

SB124346788310360439.html 

argument being proffered: DIVORCES SHOULD NOT BE MADE PUBLIC. The author, Dionne Searcey uses the Countess and the Ceo’s divorce (and a few others like Nevada Governor Gibbons) and all their tawdry revelations to illustrate the point that allowing the Civil Courts to open up divorce proceedings to the public may not be such a good thing for the parties–and maybe even for the public, and it may even be a breach and violation of privacy.

But First Amendment scholars argue that these divorce hearings should remain public because the public has a right to know.

I don’t know if I agree with the First Amendment Scholars. I mean, it is interesting, and the Countess’ divorce brought us some of our best traffic days on Divorce Saloon. And the issues presented in the case were intriguing ones for me and my cronies who are divorce attorneys. The case, which is supposedly resuming in July, really brought to light many issues in a divorce such as equitable distribution, contributions of a spouse, prenuptial agreements and their enforceability, adultery, and many others. I enjoyed the David case both as an attorney and as a blogger. But do I think I have the right to know this stuff? Do I think it should be public as a matter of law? No, not really. I think it should be private. Marriage is private and divorce should likewise be private. It really isn’t everybody’s business that Marie Douglas once forcefully requested sex from her husband.  These hearings should be sealed off from the public. They really should. Because what is the net gain to folks who have nothing to do with this marriage/divorce to have access to all this information? What does it really have to do with anybody else?

With all due respect to the First Amendment, I don’t think the details of somebody else’s marriage coming apart at the seams is really anybody else’s business but their own….but some cases are just so darn inneresting!

More on Marie and George’s divorce here: http://www.divorcesaloon.com/index.php?s=Marie+douglas

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