Depp / Heard Defamation Trial Lesson: Stay Off Social Media In Your Divorce

We are beginning to see more defamation cases arising out of divorce cases, and the Depp/Heard defamation trial should be a warning to all. I have only listened to bits and pieces of the testimony, but from what I have heard to date (May 5^th), is that both parties are crazy and that Ms. Heard was just as guilty, if not more guilty, than Mr. Depp when it came to domestic violence.

Social Media Posts and Divorce

Social media has become pervasive; it is so easy to get on our phone and type a quick, salacious note about our STBE (soon-to-be-ex) on Facebook or another platform. For these reasons and others, we ask our clients not to post anything about their STBE on social media.

Case Study on Social Media and Divorce

Let me provide a true story: I represented a husband in a divorce case. The parties had two minor twin boys around eight years old. There was never any domestic violence, but the wife was insistent on sole legal and physical custody of the children with the husband only getting every other weekend visitation.

Accusations of Domestic Violence on Social Media During a Divorce

My client wanted joint legal and shared physical custody, as he had been a very active parent. The wife took it upon herself to start posting on Facebook that the husband had been physically abusing her and the boys since they were born, and she was afraid to admit this. The wife relished in the attention she was receiving from all her followers.

Defamation and Social Media Posts

My client was obviously mortified because when he took the boys to their extra-curricular activities, parents were giving him dirty looks and basically shunning him. Although he did not file a defamation claim, he could have.

The Depp/Heard trial is really a divorce case on steroids, as they are having to relive the horrors of their relationship.

Moral of the Story

Do not talk to the media or post anything about your divorce on social media. Also be careful as to what your “friends” post. If you have a custody case, you don’t want your friends posting about you partying, with you drinking alcohol, or smoking marijuana. Even if it is legal, why give your spouse any ammunition?

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Remember: There is life after divorce. Don’t put yourself in a position of reliving your divorce in another civil case.