Going Public With Your Divorce: 10 Tips From a Seasoned Divorce Attorney

So you’ve decided to get a divorce, and you now have to daunting task of actually telling people…Or maybe you’ve been going through a divorce, and have learned a few hard lessons about what not to say about it to your friends, family, kids…

Either way, from the moment you tell the first person, the world becomes a bit of a minefield, for reasons personal and legal, when it comes to talking about your divorce during your divorce.

Here’s a list of what to say–and what NOT to say–while you’re getting divorced. This is the same advice I give my clients, taking into account how what you say out of court can affect what happens in court.

Have a Plan.
This is my life, and I live each and every day by this maxim, because it’s the key to successful divorces. Know what you’re going to do. Write it down. Put it on a timeline. Check things off as you go. In this case, the plan is about deciding who to talk to and how you’re going to do it. Seriously–don’t be too proud to write this stuff down.

Decide Who You’re Going to Tell & In What Order.
It’s important that your family doesn’t know you’ve filed for divorce before your spouse, or that your kids don’t find out from a neighbor. Starting with the people who will be most affected, plan who to tell and what language you’ll use (it obviously won’t be the same with everyone you tell).

Don’t feel the need to tell everyone, either. Stick to the people who are directly affected, and the people whose support you’re going to be calling on during the divorce.

Choose a Headline.
The obvious one–“We’re getting divorced”–isn’t going to be enough for the people who are close to the fray, like your family and close friends. They’ll want to know more, and having invested in your marriage in various ways themselves, you might feel they deserve that. Decide exactly what you’re ready to say about a) your reasons for splitting, and b) what the future will hold. Use calm rather than emotional language.

Focus On the Positive. Within Reason.
Let’s face it, this isn’t a positive situation. But if you can take a positive–or even a neutral–tone regarding what you try to say about it, you’re likely to avoid ending up in an accidental rant, or bursting into tears in public. Not that this won’t happen anyway, it probably will. But having a positive message, however forced it might seem, will actually help you feel more in control, and be more in control. Eventually you’ll probably find that that positive message is something you sincerely feel.

Stay On Message.
A PR classic, it’s important to have your neutral or positive take on things in mind, and memorized, so that you will be able to remind yourself of what to say when people ask, which they will. This helps you keep from being goaded into talking about things you’re not ready to, to have conversations with your spouse that are counterproductive, or to have a meltdown in the grocery store (see #4). Know your message and stick to it.

Be Ready For Backlash.
Some people love hearing about divorce, because it feeds the rumor mill, and they’ll (subtly) grill you for details that they’ll then go repeating. This is inevitable, and you just have to be prepared to ignore it. Other people hate hearing about divorce because it means their marriage, too, is potentially fallible. They’ll be full of disapproval. Again, just ignore it. Or, have a response on-hand for when people are less than supportive, something that puts up a boundary without causing a confrontation, like “Well, we’re really trying to keep this as a family matter, but thank you for asking” or “I appreciate your input” followed by a quick change of subject.

Don’t Post Anything on Social Media. 
Anything you post on social media is effectively public, and can be used against you in court. Keep your privacy settings at maximum levels during your divorce, and you should refrain from mentioning anything related to your divorce at all–even rants, or rather, especially rants. (That’s what your divorce lawyer and therapist are for.) Here’s a useful infographic about what not to do on social media during your divorce.

Verbal, Not Written. 
On that note, be aware that anything you put in writing–like a private message on social media or an email–could end up out in the public domain. In divorce proceedings, sometimes these things unfortunately come up. If it’s not something you’re okay with the judge reading, don’t put it in writing.

Don’t Talk About Your Divorce at Work.
The exception here is if you have colleagues that you’re very close to, as in best friends. Otherwise, you’ll be wise to try to keep your divorce out of the workplace. On one hand, it can come across as unprofessional or airing your personal business in public; people have surprising attitudes about divorce sometimes.

On the other, talking about it could easily make you become angry or upset at work, which is unprofessional. There’s also the fact that if you let everyone know what’s happening in your personal life, it might affect how they interpret your professional work, regardless of whether it’s affecting your work or not. To be on the safe side, you’re better off keeping it relatively quiet until the divorce is final.

Keep the Kids Out of It.
When you’re talking to friends and family, be careful who might be listening (ie. your kids–I was amazing at listening through air vents as a kid). Be especially careful when speaking about your kids directly, for example what might happen to them regarding custody; this could get back to your kids and cause a lot of anxiety.

In an age-appropriate way, discuss issues that affect your kids with them directly, and make an agreement with your spouse not to say anything negative about each other or go into details about divorce proceedings while they’re around. It’s just unnecessary negativity and pain that they don’t deserve.

James J. Sexton