In 2020 it may feel like Facebook and Twitter have been around forever. However, when looked at through a legal lens, it’s clear that statutory laws and case law around social media—and the related issues of social media harassment and defamation—are still very much new and evolving.

This may be no more true than in divorce, where social media often serves as a tool for revenge-seeking exes. The good news: When a vindictive spouse’s problematic actions on social media rise to the level of criminal behavior, New Jersey has some of the strictest laws on the books. The not-so good news: Civil remedies related to bad behavior on social media, including proving damages in related marital tort claims, continue to tread in uncertain waters.

Identifying Social Media Related Harassment

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