[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-282903-105":53,"doc-detail-282903-en":126},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":119,"head_meta":121,"extra_data":123,"updated_unix":125},105,"en","non-disparagement-clauses-are-serious-in-divorce-settlement-agreements-when-its-not-just-gossip","Non-Disparagement Clauses Are Serious in Divorce Settlement Agreements - When It's Not Just Gossip","","Non-disparagement clauses in divorce settlement agreements aim to prevent parents from making disparaging remarks about each other, especially in front of or to the children. Enforcement depends on proof of the alleged statements and, critically, whether the clause is incorporated into the divorce decree. When incorporated, contempt procedures apply and willfulness and order certainty matter, while truth is not a defense. Remedies range from breach-of-contract damages to contempt, including attorney’s fees and, in rare cases, fines or imprisonment.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/non-disparagement-clauses-are-serious-in-divorce-settlement-agreements-when-its-not-just-gossip/282903/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/non-disparagement-clauses-are-serious-in-divorce-settlement-agreements-when-its-not-just-gossip/282903.png","ImageObject",442,249,{"name":88,"@type":89},"Mali","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-26","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":8},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"What is the purpose of a non-disparagement provision in a divorce settlement?","Question",{"text":108,"@type":109},"It helps ensure that parents do not speak out against each other, commonly by restricting disparaging remarks made to or in front of the children, or sometimes to anyone depending on the agreement’s terms.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"What makes enforcement of a non-disparagement clause difficult?",{"text":113,"@type":109},"Enforcement requires proof that the opposing party actually made the alleged disparaging remarks. Oral statements are harder to prove without a credible witness who can testify.",{"name":115,"@type":106,"acceptedAnswer":116},"Do different remedies apply depending on whether the clause is incorporated into the divorce decree?",{"text":117,"@type":109},"Yes. If not incorporated, the remedy is generally breach of contract and requires showing damages. If incorporated, the agreement becomes a court order, and noncompliance can lead to contempt proceedings.","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},282903,1790040046,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":129,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":8,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":79,"language":135,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":136,"faqs":137,"seo_title":138,"seo_description":61,"update_tm":139,"read_time":73},2336475104362,"https://ap-avatar.wpscdn.com/avatar/22000c4c46a41b752dd?x-image-process=image/resize,m_fixed,w_180,h_180&k=1786595829695023868","When It's Not Just Gossip:  \n# Non-Disparagement Clauses Are Serious in Divorce Settlement AgreementsBy Charles M.Medlin\n\nWhen a married couple with children gets divorced,it is typically in the best interests ofthe children that their parents do not speak out against one another.A common way to helpensure this is by including a non-disparagement provision into the couple's divorce settlementagreement.Such a provision states,in essence,that the parents are not to make disparagingremarks about one another,and the specific terms of the parties'agreement will determine towhom disparaging remarks cannot be made.Commonly the provision restricts the parties frommaking disparaging remarks made about the other parent to or in front of the children.But,insome cases,the provision prohibits the parent from making disparaging remarks about the otherparent to anyone.While including a non-disparagement provision in a divorce settlementagreement is fairly simple,enforcing a non-disparagement provision is not.  \nEnforcement of a non-disparagement provision requires some proof that the opposingparty actually made the alleged disparaging remarks.If the remarks were in writing,such as anemail or a text message,obtaining proof of the disparaging remarks can be as easy as printing theemail or taking a picture of the text message.However,if the remarks were made orally,and acredible witness who heard the remarks is not available to testify,contempt from oral statementsis much more difficult to prove.The remedies available when a party breaks such a provisiondepend on whether the divorce settlement agreement containing the non-disparagement provisionhas been incorporated into the divorce decree.  \nIf the non-disparagement provision has not been incorporated into the divorce decree,theonly remedies available if either party violates the provision are those for breach of contract.To  \nbe successful in a breach of contract claim,the claimant must show that he or she suffered somesort of damages as a result of the breach.See,e.g.,Norton v.Budget Rent A Car System,Inc.,307 Ga.App.501,705 S.E.2d 305(2010).Proving that any damages were suffered as a result ofa disparaging remark can be very difficult unless the remark had a true financial impact,such asmaking it so that the harmed party is unable to find a job.  \nIf the divorce settlement agreement is incorporated into the divorce decree,the agreementbecomes an order of the court.As with other orders,any party who does not comply with anorder of the court can be found in contempt.O.C.G.A.§15-1-4.To file a contempt action formaking disparaging remarks in violation of a court order,\"the law requires that a rule nisi issueand be served upon the accused,giving him notice of the charges against him,and that he begiven an opportunity to be heard.\"Crocker v.Crocker,132 Ga.App.587,589,208 S.E.2d 602,604(1974)(describing constructive contempt of court).\"The notice given by the rule nisi is toafford the accused a reasonable time in which to prepare his defense to the charge that he hadviolated the court's order,\"Id.  \nThe judge will decide based on the evidence before it whether or not the party wilfullyviolated the non-disparagement provision in the divorce decree.Possible defenses to contemptare that \"the order was not sufficiently definite and certain,was not violated,or that the violationwas not willful.\"Schiselman v.Trust Co.Bank,246 Ga.274,277,271 S.E.2d 183,186(1980).Truth,on the other hand,is not a defense to an action for contempt.Even if the disparagingremark about the opposing party is a true statement,such as an ex-husband saying somethingnegative to his children about his ex-wife having a new boyfriend,the disparaging party can stillbe found in contempt.  \nOne of the major barriers to the enforcement of a non-disparagement clause throughcontempt is the relative imbalance of the cost to bring the contempt charges compared to thesanctions the court will impose on the disparaging party.Filing for contempt ","cbCailfclg0s9mJu","https://ap.wps.com/l/cbCailfclg0s9mJu","pdf",110174,"English","# Non-Disparagement Clauses in Divorce Settlements\n## Practical enforcement and evidentiary requirements\n## Remedies: breach of contract vs. contempt\n## Court process, defenses, and limits of \"truth\" as a defense\n## Costs, barriers, and potential outcomes","[{\"question\":\"What is the purpose of a non-disparagement provision in a divorce settlement?\",\"answer\":\"It helps ensure that parents do not speak out against each other, commonly by restricting disparaging remarks made to or in front of the children, or sometimes to anyone depending on the agreement’s terms.\"},{\"question\":\"What makes enforcement of a non-disparagement clause difficult?\",\"answer\":\"Enforcement requires proof that the opposing party actually made the alleged disparaging remarks. Oral statements are harder to prove without a credible witness who can testify.\"},{\"question\":\"Do different remedies apply depending on whether the clause is incorporated into the divorce decree?\",\"answer\":\"Yes. If not incorporated, the remedy is generally breach of contract and requires showing damages. If incorporated, the agreement becomes a court order, and noncompliance can lead to contempt proceedings.\"}]","Non-Disparagement Clauses Are Serious in Divorce Settlement Agreements - When It's Not Just Gossip | PDF",1789584726]