Something to consider in your divorce case
February 25, 2014 Leave a comment
There are endless things to consider when moving through a divorce case. Which parent gets custody? What is the visitation schedule? What happens when soccer practice interferes with visitation? Which parent gets to claim the child for tax purposes? How much life insurance is enough? While all of those questions must be answered there are other things that need to be addressed as well.
For one……what if there are pictures or digital images of the parties that depict scandalous behavior. Maybe a picture of the wife naked or the police officer husband smoking marijuana. It could be anything that one of the parties to the divorce doesn’t want getting out.
For years attorneys have inserted a provision in property settlement agreements that stated something similar to:
Each of the parties shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither party hereto shall in any way molest or harass the other, attempt to visit the other, or attempt to persuade the other to cohabit or dwell with him/her by any means whatsoever, and each party shall fully respect the rights of privacy of the other.
Does that cover a disgruntled ex-husband from forwarding pictures to a co-worker or the new boyfriend of his ex-wife? Maybe. With the proliferation of revenge porn sites it is probably better to handle the matter directly in the property settlement agreement or final judgment of divorce.
If there are specific pictures that are known to the parties, require each party to destroy the pictures within a certain time frame of the entry of the divorce. Also, consider requiring the parties to agree that the pictures have not and will not be disseminated in the future.