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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26805
Experience:  Began practicing law in 1992
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I have a personal blog where I write about myself, parenting

Resolved Question:

I have a personal blog where I write about myself, parenting and life on a weekly basis - sometimes less. I am getting divorced and I think it is going to be an issue. Where can I get someone to review it to make sure I am protected? The blog is http://thisgirlisgone.blogspot.com
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

I'm sorry, I'm not sure what you are asking. Can you reprhase?

Customer:

I believe his attorney is planning to bring up my blog as a negative reflection on my husband. I've been very careful to keep from bringing him up personally, but my concern is how writing about parenting etc. might be viewed by a judge. How much protection does a blogger have in terms of free speech?

JD 1992 :

You don't have any free speech protections as far as whether or not they can use what you say or said on your blog against you in court.

JD 1992 :

A judge can review any posts they want to offer into evidence.

JD 1992 :

I looked at the blog, is there a particular post you are concerned about?

Customer:

No particular post at all. I'm confused as to what he might find offensive. Are there criteria used by a judge in such a situation or is it completely subjective?

JD 1992 :

It's completely subjective.

JD 1992 :

What are the areas of dispute in the divorce? Kids, alimony, etc.?

Customer:

He's all over the place. He has been committed to a psych facility in the past and has suffered from depression etc. for years. He is not in treatment right now and I've raised that issue. I think they are searching to damage my credibility. My attorney is good, but focused on the support aspects. I just noticed his work ip address on the analytics of the blog a lot lately and figure it may be an issue.

JD 1992 :

It could be an issue but likely isn't.

JD 1992 :

I didn't see anything in a quick glance that was an issue and the judge really doesn't care how you feel about him unless you are expressing it to the kids.

JD 1992 :

You could certainly block his IP from being able to view your blog if you choose to do so but since you know he is there just avoid the topic.

JD 1992 :

Child support is a pretty cut and dried issue. Is he arguing for custody?

Customer:

The teens are having a hard time with him after he was drunk and high on xanax and involved them in a group text where he berated me etc. He threatened someone I dated.

JD 1992 :

Did you discuss that on your blog?

Customer:

No never.

Customer:

I've never mentioned him personally.

JD 1992 :

Just be aware of what you post, look at it from his side and see if it would "help" his case before you post, etc.

JD 1992 :

There's a lot of stuff there and he may just be accessing it because he has nothing better to do or is obsessing.

Customer:

Thanks. I think something will be a surprise in court, but who knows. Thanks.

JD 1992 :

You think something on your blog will be a surprise to you in court?

JD 1992 :

By the way, the pics of that Japanese spa near Santa Fe look cool.

Customer:

Not necessarily. I think he is trying to find anything he can to discredit me and knows that public criticism of my writing etc. would be uncomfortable. The reality is he has had some major emotional issues this year and wants to distract everyone from that. Everyone says the child support issue is generally a formula and so is alimony. Arguing like this is just a very expensive way to fight.

Customer:

Yes that spa in Santa Fe is amazing. Highly recommend it.

JD 1992 :

I can tell you that most judges don't like distractions and so if he tries to make a stink of some kind about your blog and doesn't have a good reason it will work against him. Also, you can get a heads up on the issue by asking your attorney to send interrogatories and/or requests for production asking what they intend to do, if anything, with the info from your blog.

JD 1992 :

Everything I looked at on your site is about as non-offensive as it is possible to be. It's interesting and you do have writing skills but as far as anything to do with a divorce I don't see any issues there. Most lawyers aren't going to offer something into evidence unless it achieves a goal because the judge holds it against you and may look at future cases with skepticism.

JD 1992 :

Yes, I know the word is really inoffensive but I was trying to get across a different context.

JD 1992 :

Anything else I can assist with?

JD 1992 :

It looks like you may be offline so I will exit to assist others. If you have additional questions please ask them in this thread and I will pick back up as soon as I can.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26805
Experience: Began practicing law in 1992
Dwayne B. and 11 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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