Texas Divorce Attorney Blog
Texas family law proceedings are generally open to the public, but parties in high-net-worth divorces frequently seek to shield sensitive financial and personal information from disclosure. A recent dispute surrounding the divorce records of Texas Attorney General Ken Paxton and Texas Senator Angela Paxton illustrates how courts approach requests to seal family law records when privacy concerns collide with public access.
The Dispute Over Sealed Divorce Records
At the start of their divorce proceedings, the Paxtons requested that their court records be sealed. Media organizations then sought to unseal records from their divorce proceedings on the basis of the public’s interest and governmental accountability.
Specifically, there is public concern that Mr. Paxton’s finances are entangled with public misconduct and prior criminal investigations. Incidents of note include that Mr. Paxton was the subject of a Department of Justice federal corruption probe, which was subsequently dropped. Additionally, a case against him for securities fraud was dropped as part of a plea deal, and he was acquitted at his 2023 impeachment trial.
Now that he’s running to unseat United States Senator John Cornyn in the mid-term election this November, interest in Paxton’s personal and professional dealings is as high as ever.
Paxton opposed the disclosure of documents in his divorce case, asserting that the records concerned private family matters and should remain confidential. The dispute required the court to weigh competing interests in privacy and transparency.
Texas Law’s Presumption of Open Courts
Texas courts operate under a strong presumption that judicial records are open to the public. To overcome that presumption, a party seeking to seal records must demonstrate a specific, serious, and substantial interest that clearly outweighs the public’s right of access. Generalized privacy concerns, reputational harm, or the sensitivity of financial information are typically insufficient on their own.
Courts must also consider whether less restrictive alternatives, such as redaction, exist before ordering records sealed in their entirety. As a result, sealing orders is the exception rather than the rule.
Balancing Privacy and Transparency for High-Net-Worth Divorce Litigants
The Paxton dispute highlights an important reality for high-net-worth Texans: even in cases involving substantial assets or prominent individuals, sealing divorce records is far from guaranteed. What information is included in pleadings, affidavits, and exhibits can have lasting consequences once materials are filed with the court and made public.
Early strategic planning can create a more acceptable balance between what is released in public documents and what remains private. In some circumstances, negotiated resolutions or alternative dispute resolution may reduce the amount of sensitive information that becomes part of the public record.
Contact a Knowledgeable Texas Divorce Lawyer
The Paxton matter serves as a reminder that Texas courts carefully scrutinize efforts to restrict access to family law records, particularly when there are public interest arguments. High-net-worth individuals should understand both the legal standards governing sealing requests and the practical limits of confidentiality once litigation becomes contested.
If you’re concerned about privacy in your high-net-worth Texas divorce, call McClure Law Group at (214)-692-8200 to set up a consultation.