Divorce can be an emotionally charged time, but venting about it on social media can get you in trouble and potentially lead you into court. During the divorce process and even after the divorce is over, your ex-spouse may post negative comments about you.
The number one rule in these situations: Do not retaliate against your soon-to-be-ex-spouse or your ex-spouse with your own post or try to rebut any of their posts.
If your ex-spouse posts something negative about you, what you should do is take a screenshot of the post, save it and send it to your attorney. Your attorney can then guide you on what the best course of action will be. That may consist of filing a lawsuit, writing to your ex-spouse’s attorney or some other action.
It is important to note, that not everything your ex-spouse posts or writes about you may be improper or illegal. For example, your ex-spouse may be able to post factually correct details about your divorce. Although this might be upsetting, it is probably not improper.
However, if your ex-spouse is clearly posting false information about you, then you may be able to take legal action against your ex-spouse. It is important that the statement must be entirely false and caused you some type of harm.
If you are in the middle of your divorce, any negative posts or statements should be given to your attorney, who then may show those posts to the Court (and to your spouse’s attorney). Although the post may not qualify as slander or defamation, it still may be useful to you in your divorce. Virtually every Court and every Judge will not want to see negative posts being stated about you, especially if there are children involved. Furthermore, if you are worried that your spouse will continue to post negative information about you, even after the divorce is final, you can ask your attorney to add protections into your settlement agreement.
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