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Confidentiality

September 20, 2022 Cindy Best

Confidentiality in family law means that certain information is protected from disclosure by law, professional obligation, court order, or agreement. The specific protection and its limits depend on where the confidentiality comes from.

Attorney-client communications are privileged. Mediation communications are generally confidential under Arizona law with specific exceptions. Therapeutic records may be protected. Addresses in domestic violence cases may be sealed. Settlement negotiation communications have their own protections under the rules.

Confidentiality is not absolute. Courts can order disclosure of certain information. Mandatory reporting laws require disclosure of child abuse regardless of privilege. Rule 49 disclosure obligations require the exchange of financial and case-relevant information even when a party would prefer to keep it private.

The practical goal in every case is to protect genuine privacy interests while still giving the court and the other party the information needed for a fair decision.

 

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