Ask The Attorney: What to Do About Soon-to-Be-Ex Bashing Me On Facebook?

Guest blogger, Jennifer Fortunato, Esq., blogs about what to do when you are being "bashed" on social media during a divorce.

Dear Ask the Attorney: 

My wife and I have decided to get a divorce. It was a mutual decision. We have two young children. I thought it was going amicably but recently found out that she has been saying the most horrible things on her Facebook page about me, my parenting skills, and how my children do not want to be with me any more (which isn’t true). I do not have access to her Facebook posts because she has blocked me, but mutual friends have told me about it. What should I do? 


Our guest blogger is Jennifer Fortunato, Esq., a member of Einhorn Harris Ascher Barbarito & Frost, PC’s matrimonial department and counsel to the firm. She devotes her practice exclusively to family law matters. 

Dear H.W.:

It is not unusual for people to post personal information on the Internet these days.  However, personal information posted on social media sites can be used by you (or your spouse) during your divorce proceedings and even after you are divorced.

In response to your above question, first, ask one of your friends to print out your wife’s Facebook posts so that you have proof what she has been posting about you. Then, if you want to be aggressive, you should have your attorney file an application with the court asking the court to stop your wife from making such statements to third parties, your children and from posting such statements on her Facebook account and anywhere else on the Internet. You should also ask that your wife be required to retract her statements on her Facebook page. You should attach a copy of your wife’s Facebook posts to your application to prove to the court that this is occurring.

If you want to take a less aggressive approach, have your attorney send her attorney a letter (if you do not have an attorney at this time, then you can do so directly) requesting this relief and see what she does. If she follows through with what you request, then you do not have to file an application. However, if she ignores your requests, then you should file an application to the Court for the relief set forth above.

Divorce is hard enough without social media outlets allowing people to vent all of their personal information; you should seek the help of a competent family law and divorce attorney to help you in this situation and going forward–even if the divorce is, as you had thought, amicable. 

“Ask the Attorney” is a blog in which answers to your legal questions submitted to asktheattorney@einhornharris.com may be answered.  The answers to the questions are for informational purposes only and are not to be construed as legal advice or the creation of an attorney-client relationship.  The facts of each case is different, therefore you should seek competent legal representation. 

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ByeByeBobby June 17, 2012 at 12:50 AM
I think they were referring to the criminal, not the crime.
Chuck Ruff June 17, 2012 at 02:07 PM
If I remember correctly, Tom didn’t say anything bad about your wife, he simply said; “give my best to your wife”, or something like that. How does that warrant a physical threat? But what’s interesting is that you made the following comment in the same thread; "In April of 2007, when you mistakenly thought I was calling your house to give you a piece of my mind, you chose to ignore my call and hide behind the wife and kids. From where I'm from, that qualifies you as a p…. Plain and simple." Nedd wrote. So how come you can mention Tom’s family (and call him a nasty name), but when he mentions yours, you threaten him?


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