Massachusetts Court Rules Divorcing Couples Can Disparage Each Other All They Want

By Melissa Levine-Piro

In a somewhat surprising decision by the Massachusetts Supreme Judicial Court, the Court held that divorcing couples have the right to disparage each other, including on social media.  Prior to this order, it was not uncommon for family court judges to issue orders prohibiting divorcing couples from disparaging each other.  The reasoning behind such orders was to shield children from seeing such public comments about their parents.

However, after this decision, judges can no longer issue such orders and divorcing couples can post such disparaging statements on social media all they want.  The court reasoned such orders restricting speech violated the parties’ right to free speech under the Constitution.

A word of caution. Just because you can do something does not mean you should.  Despite this ruling being constitutionally sound, it is still not a good idea to disparage any party when engaged in litigation.  Especially if that disparagement is memorialized in writing. Always ask yourself if what you post is something you would want a judge seeing, or your children.   Details on the divorce that led to this ruling can be found in the article below.

If you are going through a divorce and seeking legal advice or representation, contact the attorneys at Levine-Piro Law, P.C., 978-637-2048.