Named in a divorce?
UPDATED: Mar 7, 2018
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Named in a divorce?
My boyfriend has been in the process of a divorce for 1.5 years, uncontested dissolution. I have been named multiple times in papers filed including my full name,age, occupation, place of work, information about my child. They have even requested my financial information even though we do not share accounts or money. His ex has written in legal documents about personal things written on my social media accounts. What legal recourse do I have? Is this not harassment and defamation of character? Can she go after my finances?
Asked on March 7, 2018 under Family Law, New Jersey
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It is not harassment if there is a legitimate purpose to it. Such as a purpose could exist if there is some reason to suspect that you are holding or hiding assets for your boyfriend, or are providing support for him (thereby reducing his cost of living and freeing up more money for support, for example). There is also why your financials may be well be relevant--since your financials could impact his financials. You and your financials could well be relevant to the distribution of assets or determination of support obligations.
Things said in litigation or in court papers are not considered defamation: that is because the legal system could not work if parties had to watch everything they said or wrote in litigation and if ligitation could spawn endless additional litigation in the form of defamation suits over things said in or written to court.
Anything you wrote on social media is something that anyone can reference: "social" media is inherently public--you are putting it out there to other people. The best way to not have personal things from social media quoted or cited by others is to not write anything you don't want others to quote or cite.
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