Divorce Decree

A New York Appeals Court upheld a ruling in favor of Philip Smith, President of the Shubert Organization, awarding him a divorce from his wife on the basis of cruel and inhuman treatment.  The court, specifically, referred to Tricia Smith’s very public YouTube video regarding her separation, as a determining factor for the divorce. 

Public Humiliation– Cruel and Inhuman Treatment

The Court of Appeals specifically referenced Tricia Smith’s use of YouTube videos, to embarrass her husband as grounds for cruel and inhuman treatment.   As most know, New York is a unique state, in that we don’t recognize no-fault divorces.  In New York, one must allege a specific reason for divorce. During her YouTube video, Mrs. Smith referenced her lack of a intimate life with her husband.  Lack of a sex life constitutes constructive abandonment in an action for divorce in New York. 

Public Forum, Private Issue

What’s painfully clear is that people should be very careful about their use of the Internet and especially social marketing.  It makes sense that people would rely on public forums to vent relationship frustrations, however, there has to be a limit as to what to say and what not to say.  After all, Facebook, Twitter, LinkedIn, etc. are public forums and, therefore, searchable and admissible in any court of law.  Word to the wise, if things get tough, pick up a phone and call someone you trust, don’t trust your deepest emotions to the Internet.