QUESTION
Are there any legal action that can be taken regarding Facebook display of marital affair?
Asked on Dec 26th, 2012 on Divorce - Georgia
More details to this question:
I am married but separated for three years. We have one child. My husband and his girlfriend are displaying their relationship online via Facebook, through photos of the two together and status and comments revealing details of the relationship. Mutual friends can see this display. It’s disturbing considering he is a minister and performing sermons as well. Are there any legal steps that can be taken to stop them from this public display via Facebook?
11 ANSWERS
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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I can not think if any possible legal rationale to try to stop the postings although they make you uncomfortable.
Answered on Jan 04th, 2013 at 3:56 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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They have a right to free speech and to post on FaceBook. The fact that you don't approve of what they're doing is immaterial. File for divorce or put up with the situation.
Answered on Jan 04th, 2013 at 2:50 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Probably not. People are free to flaunt their private affairs in public, up to the point of being lewd and lascivious (but not further). That it is painful or repellent to anyone else, even to you, is generally not to the point. Sorry. It's one of the prices we pay for free speech.
Answered on Jan 04th, 2013 at 2:46 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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No. You are separated, he can date anyone he wants, and he can choose to lack discretion. The only issue in which indiscretion may have a bearing is in a custody dispute. Absent that, your best bet is to block his account and move on.
Answered on Jan 04th, 2013 at 2:14 PM
The actions you complain of are not illegal, just immoral and the court will not intervene.
Answered on Jan 02nd, 2013 at 3:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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As long as it does not involve you, no.
Answered on Jan 02nd, 2013 at 3:56 PM
Divorce Attorney serving Southfield, MI
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Do It Yourself Divorce, PLLC
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I do not think there are steps that can be taken to prevent anyone from posting in Facebook but if there are questions in the divorce that should be filed regarding his activity, you certainly have proof of his behavior.
Answered on Jan 02nd, 2013 at 3:54 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You are entitled to file suit for divorce. The postings may be helpful in securing a settlement agreement. I suggest you hire a lawyer.
Answered on Jan 02nd, 2013 at 3:54 PM
File for divorce and get an injunction.
Answered on Jan 02nd, 2013 at 3:54 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can attempt to get a restraining order against your husband, but I doubt the court is going to be very concerned about this. You could consider a civil suit for the tort of outrage or some such thing, but what are your damages, in dollars? See an attorney in your jurisdiction for a definitive answer.
Answered on Jan 02nd, 2013 at 3:53 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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No there are not. First Amendment Freedom of Speech protects it. Of course, you can use it as evidence at a divorce trial.
Answered on Jan 02nd, 2013 at 3:24 PM