Since Reputation Communications was established in 2009, we have spoken with countless prospective clients regarding their reputation management concerns, issues and goals.
A common theme we have encountered is recovering from reputation damage caused by a high-profile divorce in the news. We have spoken with attorneys planning strategies for their clients to mitigate anticipated defamation from divorcing spouses, including spouses who are planning but have not yet initiated divorces and expect burn-the-house-down reactions once they do (such as blogs devoted to the topic of an ex-spouse’s infidelities or current love interest, both of which we have seen).
When divorces are written about in blogs, social columns and mainstream media (or aired on television, podcasts and other streaming services), that content often appears high on the divorcing partners’ Google results. The media coverage can be a distraction from their professional, philanthropic, and personal lives. It can be biased. It can be inaccurate or plain wrong. It can derail a career.
We sat down with Paige Zandri (shown here), Managing Partner of Artese Zandri, about how those facing the unfortunate dissolution of a marriage can avoid the types of reputation damage that can result from divorce. Artese Zandri is a law firm specializing in high conflict and mediated matters involving complex family law issues, including high conflict divorce, custody disputes, post-divorce conflict resolution, prenuptial and postnuptial agreements, international custody rights, domestic violence including coercive control and financial abuse, substance abuse monitoring and defense, relocation matters, and more.
What are your thoughts on the ongoing Brad Pitt and Angelina Jolie legal battle, which has continued since their separation in 2016?
The Jolie-Pitt litigation is a melting pot of complicated issues that will make any divorce difficult to resolve quickly. It’s not just the celebrity status of the divorce. There are real-world issues at play. First, you have allegations of substance abuse as it relates to the custody of the parties’ children, which for anyone can take many months if not years to resolve. You also have complicated assets including properties and businesses overseas that need to be untangled. To compound issues, both Jolie and Pitt have both changed attorneys during the pendency of the litigation – which can cause delays for several months at a time.
One thing that is very “celebrity” about their divorce is that the parties were granted a legal divorce in 2019, changing their marital status to single for each of them, while the issues attendant to their divorce are ongoing. This is not something available to everyday litigants, at least not in New York.
Pursuing media coverage about the reported wrongs of a soon-to-be former spouse is a common action an angry partner can take. How do you counsel clients on avoiding this escalation?
Using the media to apply pressure to a former partner is a bullying tactic that does not play well in court, for so many good reasons. First, if you have children and you publicly disparage your partner, your children will take it personally. Children identify with both parents, and they suffer when one parent criticizes the other. The courts hate this behavior and can take parenting time away from the culprit in extreme circumstances.
Moreover, airing out your dirty laundry to the media while a matter is ongoing is just a bad look. When you appear before a judge you want to present yourself as a mature and credible source of information. Going public with the private matters of your life does not make you more credible, and even more to the point, it can be a very risky part of any litigation strategy – especially if in doing so you wind up killing the goose that lays the golden egg.
False allegations are also sources of reputation damage, especially if they involve any mention of abuse. How can divorcing partners anticipate and navigate such devasting accusations?
Divorce, and particularly child custody battles, are a breeding ground for bad behavior and occasionally culminate in false allegations brought by one parent against the other. The allegations often involve some form of substance abuse, physical or verbal abuse, or worse, sexual abuse. When defending against such horrible allegations it can be difficult to avoid the immediate desire to retaliate. However, you must. When you go before the court you need to be perceived as a credible source to disprove the allegations. The way to do this swiftly and efficiently is to engage neutrals as an unbiased source of information. For example, in cases involving allegations of alcohol abuse, proactively employing a monitor such as Soberlink, a portable breathalyzer, can be an effective way to prove sobriety and definitively shut down false allegations. Similarly, when allegations of child abuse are made, asking the Court to assign an AFC (Attorney for the Child) can be an effective way for the judge to hear directly from the child. We’ve recently written about this topic on our blog, which can be found here.
Social media has been reported as a leading cause of marital rifts that ultimately lead to divorce. It can also be a cause of reputational harm. What is your advice for married couples who want to ensure their marriage is not disrupted by social media use? Do you have advice for newlyweds in particular?
This all comes down to establishing value systems and boundaries, and then communicating those with your partner. We have seen partners who want their relationships shouted from the rooftops, and others who prefer to keep it private. Sitting down early in the relationship to talk about what is appropriate for public consumption, how much time and energy is spent on the apps, and the types of connections that are maintained there can help avoid future conflict.
Keep in mind, this should not be a stagnant, one-time discussion. Social media is constantly evolving and so should these conversations.
Paige Zandri handles highly contested divorces, prenuptial and postnuptial agreements and has represented clients both in and out of court for over a decade. She is trained and certified as a divorce mediator to help clients resolve complex issues involving the division of property, calculation of spousal support, custody and support of children, and more. Paige also has extensive experience drafting and negotiating prenuptial, postnuptial and divorce settlement agreements.
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This is part of our continuing series of interviews with experts whose work relates to reputation management.