Fairfax Circuit Court Judge David A. Oblon provided guidance on good reasons to seal a divorce case in his opinion in Falkoff v. Falkoff, issued December 6, 2019. Although Judge Oblon's letter opinion is not precedential, it does provide insight into the factors a court considers, or should consider, when contemplating a request to seal a divorce case.
Five factors courts could consider when assessing whether to seal a case, according to Judge Oblon:
1. Particularized proof of harm.
2. Privileged materials, personally identifiable information and trade secrets.
3. Ancillary or tangential information.
4. Protection of children, when harm or potential harm is shown with particularity.
5. False information.
Virginia has a strong presumtion in favor of open judicial records and Judge Oblon stated that "the advantages of open files usually outweigh the disadvantages of closed records."