Divorce is very public affair with documents being filed in their states courts with public access. For this reason many couples express concern over how their privacy will be handled during such an emotionally charges time.
Additionally, because divorce is so emotionally charge, there is a strong tendency for individuals to reveal private information about their former spouse, which can lead to additional lawsuits issuing from what is felt to be an invasion of privacy. Here are the two most common types of lawsuits coming from these privacy issues.
Privacy Lawsuit: Intrusion of Solitude
Individuals are entitled to their privacy after the dissolution of their marriage. If a previous spouse abuses this, they can and often are, held accountable. This Intrusion of Solitude happens when one person intentionally intrudes electronically, physically or by other means upon the privacy of the other person. This includes intrusion into private space, affairs or other private matters including spying, hacking into files or accounts and recording private matters on video or camera.
Many times a divorced individual may feel compelled to try track their former spouses activities. But any type of activity that can be deemed to have violated the other’s privacy, can and will be upheld in court.
Privacy Lawsuit: Public Disclosure
The other most common invasion of privacy is public disclosure. Public Disclosure occurs when one reveals private information or other facts about their divorced spouse without permission or authority to do so; particularly if the average person would be offended. Other terms used for this are Libel and Slander but these are harder to prove. In California, the law makes it clear that one can’t release any private details about another individual unless it obviously serves the public good.
In an effort to put themselves in a more favorable light or cause public embarrassment to their ex, their is the tendency to want to expose thos “dirty little secrets”. This is never a good idea as it could land you in court where most Public Disclosure suites are settled monetarily and if you are found to be at fault you will be order to pay damages.
Divorces can get very heated at times and, when hurt, it’s understandable that someone might want to exact some revenge. It’s important, for you own well being that you allow your emotions to cool down before taking any action you might regret in the future.
If you find yourself faced with a pending divorce and need professional, compassionate advice on how to keep your private affairs private, please call The Edmunds Law Firm at (800) 431-2526, or fill out the contact form on our website. We have over 33 years of experience handling a variety of complicated divorce cases around the San Diego area as well as nationwide.