Because divorce is a very public separation with documents filed in the state legal system, many individuals have concerns about how their privacy is handled during such an emotionally sensitive time. In addition, conflicted divorcing couples have a strong tendency to divulge private information about their former spouse, or partake in invasion of privacy of their former spouse, which can potentially lead to an additional lawsuit between former spouses. Here is some information about the two most common types of cases that lead to privacy lawsuits.
Intrusion of Solitude
After two spouses dissolve their marriage, they are each legally entitled to their own individual privacy, and if the other spouse abuses this, they can be held accountable. An Intrusion of solitude occurs when one individual intentionally intrudes (electronically, physically, etc) upon the privacy (including private space, private affairs, and private matters) of another person. This includes spying, hacking into private files or accounts, and recording private information on video or still cameras.
Often, divorced couples may feel inclined to track the private life of their former spouse, for a variety of reasons. However, any type of violation of another individuals privacy which they could consider offensive, can and will be upheld in the court of law.
The other most common type of privacy invasion is public disclosure. This is when one person reveals private facts or information about another individual without the authority or permission to do so, particularly if the information would offend an average person. Libel and Slander are similarly used terms; however both are harder to prove than public disclosure of private facts. California law states that no individual can release private details about another person, including medical details, sex lives, etc, unless it very obviously serves the public good.
Divorcing spouses may wish to expose dirty secrets of the ex with the goal of public embarrassment, legal implications, or to put themselves in a better light within the conflict. However, the lawsuits that involve public disclosure are often settled monetarily where the individual at fault is court ordered to pay damages.
If you are divorcing and need advice on how to keep private matters away from the public, 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.