Over the course of 20+ years handling complicated divorce matters, we have learned the delicate art of managing a crisis. With social media driving the news cycle and social interactions, it takes minutes, not days, for a crisis to develop. The ability to stay ahead of social media and embarrassing press is as important to a stay-at-home parent as it is to the corporate executive or public figure. Statistics show that 81% of divorce attorneys use social media evidence in their cases, and one-third of all divorces are precipitated by online affairs1.
When is a crisis really a crisis? When it threatens your children, your reputation, your job, or your relationships, it's a crisis. It can begin as an existential threat, or social media post, or just the hint of trouble. It can be an embarrassing photo posted on Instagram, a text from a love interest, or a spouse’ online revenge. It can also come in the form of negative press regarding a personal or professional matter. We take immediate action to navigate any predicament, implement tactical communication plans, and lead clients through challenging situations—with the goal always being to keep the issue out of Court. And we don’t just deal with crises after-the-fact. We have developed key relationships with crisis management public relations firms, media consultants, investigators, and members of the local and national press. We understand where a news story or social media post is going to lead, and what consequences it may have on your divorce before others have time to react. When requested, we work with professionals who can employ media and social media monitoring and gather analytics that help us plan and take appropriate actions.
Knowing the law is critical; and we have litigated the “take-down” or prohibition on social media posting during divorce actions extensively. In fact, we recently won the leading case in this area of law. Both Federal and New York Courts routinely strike down orders that prohibit social media posting during divorce actions because often times, Courts hold those orders to be a prior restraint on one’s First Amendment right to free speech. However, in our case, we argued that this particular social media posting negatively impacted the children and our client’s ability to earn a living. The Court agreed and banned all social media posting in violation of the Court order. A copy of the Court’s decision is publicly available. Since our precedent setting decision in February, 2023, we have been called upon to consult other lawyers looking to provide their clients the same result, and our case has been discussed and analyzed by various bar associations.
1Family Law: Social Media Evidence In Divorce Cases. Nat’l L. Rev. (2019) by Jaliz Maldanado.