The short answer
What Illinois families should know.
Financial and personal information may be needed in a divorce without every detail belonging in the public court file. Illinois Rule 138 addresses specified identity numbers, while discovery protective orders can address other sensitive material. Identify the information and the required use before filing or distributing it.
Redact the identifiers covered by the rule
Rule 138 covers Social Security and taxpayer-identification numbers, driver’s license numbers, financial account numbers, and debit or credit-card numbers. It permits specified last-four-digit redactions and provides a confidential filing process when full information is required. Review exhibits as well as the main pleading. A bank statement, attachment, or screenshot can expose information that was correctly removed from the first page.
Use the correct confidential procedure
When full identifying information is required, Rule 138 provides for a Notice of Confidential Information Within Court Filing that is impounded by the clerk. Follow the current form and filing instructions rather than adding a confidentiality label to an ordinary public attachment. Other sensitive information may require a separate court order. Do not assume that an agreement between the spouses automatically changes public access to court records.
Protect discovery without obstructing it
Rule 201 allows protective measures concerning discovery where appropriate. Counsel can seek tailored restrictions on disclosure, use, or access to sensitive records. A protection request should explain the specific concern and propose a practical solution. Privacy does not justify deleting relevant records or refusing every request. Preserve the original material while counsel addresses privilege, relevance, scope, and the method of production.
Check the final document and respond promptly to errors
Use a redaction method that actually removes the underlying text, not a visual box that can be deleted or copied through. Inspect the exported file and all attachments before submission. If sensitive information was filed accidentally, notify counsel immediately so the available corrective procedure can be evaluated. Keep secure unredacted working copies and use an appropriate channel for sharing them with the legal team. Limit access to people who need the records for the case.
Prepare
Useful next steps
- Review every attachment for protected identifiers.
- Discuss sensitive categories before discovery production.
- Verify that electronic redactions remove underlying content.
Avoid
Common missteps
- Assuming a confidentiality label seals a filing.
- Deleting relevant evidence to prevent disclosure.
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This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.