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Do Facebook posts really matter in a divorce hearing?

My ex husband to be has been making false claims against me as to how I am proceeding with the divorce. He has not come out and said it but makes it seem like I am trying to take his daughter away from him (I am going for joint legal custody and me having primary physical care). His most recent post has a picture of a girl and he says I can relate, just a little insight. The picture has the headline - "Breaks up with me after 4 years and a child, is in engaged within two months, constantly sends me pictures of the proposal, engagement ring and her wedding fitting. Then tells me my son has a new daddy, I should sign over my rights." So therefore he is making people think I am asking him to do that about his daughter. Does any of this really matter in court and can it be considered defamation of character?

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Anonymous

Asked by Anonymous at 12:53 AM on Oct. 29, 2013 in Relationships

Answers (9)
  • I suppose the could help or hurt him.
    Dardenella

    Answer by Dardenella at 1:09 AM on Oct. 29, 2013

  • What does your lawyer sy?
    Crafty26

    Answer by Crafty26 at 6:04 AM on Oct. 29, 2013

  • *say
    Crafty26

    Answer by Crafty26 at 6:05 AM on Oct. 29, 2013

  • It depends on if you're a no-fault or fault divorce state. If you're simply divorcing under "irreconcilable differences" then it won't even be considered. However, if you filed under abuse or cheating, then it might be.
    3libras

    Answer by 3libras at 7:50 AM on Oct. 29, 2013

  • I think, and I'm no lawyer, that for defamation, he has to specifically name you and it has to be something that others would believe about you. So a picture of someone who isn't you and a statement that he "can relate" probably wouldn't really count for defamation. But you might be able to use it against him in court, just as a "this is the kind of stuff he's doing." I've printed things before that my ex has posted and gotten the judge to take them into consideration.

    Do you have a lawyer? If not, I'd get one, or at least a consultation with one, and find out what they think.
    wendythewriter

    Answer by wendythewriter at 8:11 AM on Oct. 29, 2013

  • Actually, I would talk to your lawyer. Even in a no fault divorce state the court may stop him from doing what he's doing. It doesn't look good for him.

    Get a good lawyer, you're going to need one.
    ohwrite

    Answer by ohwrite at 8:57 AM on Oct. 29, 2013

  • A good attorney will always warn you to not put anything about your STBX on social media. Just screenshot it and email it to your attorney so they have it for their records. I suspect it 'could' matter, depending on what is said. Everything in context.
    QuinnMae

    Answer by QuinnMae at 9:11 AM on Oct. 29, 2013

  • People have gotten fired and suspended from school b/c of comments posted on Facebook.
    SpiritedWitch

    Answer by SpiritedWitch at 9:22 AM on Oct. 29, 2013

  • We live in a no fault state but I didn't know if this could be used against him when it came to the custody stuff. I have a lawyer and am waiting to hear back from her. This isn't the first time he's implied I'm trying to take his daughter away from him.
    Anonymous

    Comment by Anonymous (original poster) at 10:49 AM on Oct. 29, 2013

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