Divorce by YouTube Probably Not The Way To Go

A recent news story involves the wife of a famous Broadway theatre owner going through a dissolution in New York. It seems she decided to get even with her husband by going on "YouTube" and airing their dirty laundry in a video for the whole wide world to see. Her name is Tricia Walsh-Smith and her clip has been viewed more than 150,000 times.

Any competent lawyer would advise against such a video for two reasons. First, in California, dissolution is no-fault, so the dirty laundry is not legally relevant and does nothing more than to escalate an already bad situation. Second, if the statements in the video are false, it may expose the spouse to damages in a separate defamation action. Although statements made in a lawsuit have some protection from liability, these statements were outside the courtroom, and had to do more with the personal relationship than what was happening in the legal proceedings. As a result, do not be surprised to see the estranged husband (Mr. Smith) at least threatening her with some sort of libel claim.

Article Submitted By: Attorney Daniel Gold

Comments

[skai del pirata]

Any competent lawyer would advise against such a video for two reasons. First, in California, dissolution is no-fault, so the dirty laundry is not legally relevant and does nothing more than to escalate an already bad situation.

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skai

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