Legal Question in Family Law in California

Hi,

I have been trying to negotiate marital settlement terms with my husband for several months. We have been married 25 years and he decided to pursue a relationship with a direct subordinate, also married,30 years his junior-he wanted nothing to do with reconciliation. His attorney sent a proposal trying to get me to sign which would have made my spousal support contingent upon a "gag order", saying that I would not only not show the texts proving his affair, but, also, not even talk about the affair or spousal support would be discontinued (liquidated damage clause). Of course I did not sign this and many bad faith negotiations (proposals all over the board and some way worse than previous) continue. But, what I am wondering, specifically, when this is all said and done, is can I file a complaint regarding this attorney's attempt to gag my 1st amendment rights in return for spousal support? If so, who would you suggest I file with? Thank-you for your time.


Asked on 7/07/14, 8:48 pm

2 Answers from Attorneys

I'm afraid the answer is, "no." A party and their attorney are both free to negotiate payment of more then they believe is due for an agreement not to exercise First Amendment rights. There is a lot in the law, from the constitution on down to local ordinances that you can make a binding private agreement to give up as part of a settlement.

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Answered on 7/07/14, 9:09 pm
Kelvin Green The Law Office of Kelvin Green

First amendment refers to the government infringing on free speech. What you call a gag order would be called a non disclosure clause by others..why don't you have an attorney to work on this?

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Answered on 7/07/14, 9:29 pm


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