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Can you put a clause in the divorce that states parties can't badmouth each other?

Can you put a clause in the divorce that states parties can't badmouth each other?

Postby bing49 » Fri Apr 08, 2011 10:28 pm

I am in the process of going through a painful (but childless - thank God) divorce with an attorney who keeps a blog and was quite fond of covertly recording our private conversations, arguments, and sexual activities. I am not an attorney and don't know much about the law. Is there any way that we can put something in the divorce decree that states that neither party can badmouth or otherwise cause the other person to loose esteem because of things the ex says. I really don't know how to protect myself here, but I have an attorney already.

Bottom line - I am afraid that he is going to talk sh*t about me online, send the tapes out to his friends and/or people I know (he has already threatened to), as in intentional infliction of emotional distress, defamation, etc.? Is there anything I can do?

He has me really intimidated right now, like I'm backed into a corner. There is no way to save the marriage, but I don't need him ruining my life without him out of spite.
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Can you put a clause in the divorce that states parties can't badmouth each other?

Postby wendlesora » Fri Apr 08, 2011 10:32 pm

My friend went through this. She had it put in the decree that he could not bad mouth her and ALSO you do know you can fight for all those recorded things he has of you! She fought and he had to destroy them and if anything shows up later he has to pay her $50,000 per item! This is not a joke and I am telling you she won this was a Maryland divorce but she was told by someone in New York to do this.. She was told you can put anything in a divorce no matter where you live so maybe you should too.
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Can you put a clause in the divorce that states parties can't badmouth each other?

Postby delton » Fri Apr 08, 2011 10:37 pm

The attorney is doing this!? I'm pretty sure there's probably some kind of confidentiality law out there that says he can't. Contact...hmm...maybe a couple different attorney companies (just call them up and ask their policy) or your government number (check out like "Government of Canada" or wherever you live on google, and they'll probably have a number you can call for stuff related to this).
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Can you put a clause in the divorce that states parties can't badmouth each other?

Postby parnell » Fri Apr 08, 2011 10:51 pm

The attorney is doing this!? I'm pretty sure there's probably some kind of confidentiality law out there that says he can't. Contact...hmm...maybe a couple different attorney companies (just call them up and ask their policy) or your government number (check out like "Government of Canada" or wherever you live on google, and they'll probably have a number you can call for stuff related to this).
This is something the attorney you have should be able to answer, but I don't think there is any such clause that could be enforceable by any agency like Internet providers or even the police department. I could be mistaken but the best person to ask would be the attorney who is representing you.
Good Luck!
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Can you put a clause in the divorce that states parties can't badmouth each other?

Postby ammi » Fri Apr 08, 2011 10:59 pm

1) talk to your attorney about this 2) you probably could demand the tapes as part of your settlement but unfortunately, he can also make copies. 3) if these tapes are released to the public eye, you will probably have a good lawsuit against him for defamation of character but if you have an attorney, he can tell you better than anyone here.
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Can you put a clause in the divorce that states parties can't badmouth each other?

Postby bardoul » Fri Apr 08, 2011 11:06 pm

I'm not a Laywer, but I believe you can request it isn't it called a gag order or something like that? Ask your Lawyer, he'll tell you & get it taken care of if he can do it in your case.
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Can you put a clause in the divorce that states parties can't badmouth each other?

Postby eoforwic » Fri Apr 08, 2011 11:09 pm

You can charge him with slander. Then throw an order on him that says he cannot contact you........directly or indirectly.....which includes the internet. I did it myself just 6 years ago and his site came down and my life got a heck of a lot easier. A GOOD attorney can help you. Ask more than one or two until you find someone who can and will help you.

Good luck!
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Can you put a clause in the divorce that states parties can't badmouth each other?

Postby jerrick » Fri Apr 08, 2011 11:16 pm

You can put things like that in the divorce but they are really hard to enforce. My x sent out LONG involved emails to about 80 people during our split up that was so incredibly humiliating I can't even explain.... but now five years later we are actually friends. I'd say just get the divorce overwith as fast as possible so you can put distance between the two of you.

Also... if these people he sends things to are really your friends then they will know it's BS. I actually had some of my friends respond to my X's email by asking him to please stop sending them emails of this sort.... so you'll get to know who your real friends are.
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Can you put a clause in the divorce that states parties can't badmouth each other?

Postby celeste » Fri Apr 08, 2011 11:22 pm

you need to get your attorney to tell your husband (an attorney too i assume) and his attorney to hand over ALL video or blog recordings, etc. badmouthing clauses ....no not really, my husbands ex was told not to badmouth me around their daughter but she does it anyway, she's a witch with a different letter...
just try to rise above the badmouthing and if your friends are truly yours, they won't listen to it either.
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