During a divorce or child custody, or modification case, a parent takes to social media to vent their frustrations and rally the troops. Well-meaning friends and family may encourage the exchange, resulting in piling on and public trash-talking of the spouse, lawyers, or even the judge involved with the case. Unfortunately, this can be risky if you are in the midst of a divorce or other case. Lots can be gleaned from the minimal details you might choose to share about your life online. Here are some of the thing you should know before you continue to use social media during your divorce process…
Your Posts Can Become Evidence
Four out of five American divorce lawyers note the use of social networking ‘evidence’ has increased in divorce proceedings in recent years. Specifically, research shows that 66% of online divorce evidence comes from Facebook. Many ex-spouses now use Facebook as a means to prove infidelity through inappropriate messages and other interactions via social media. Consider what your post on Facebook or Instagram, and even what you send through emails. Before sharing anything on social media, ask yourself if you would mind a judge seeing it.
Your Friends Are Not Always Your Friends
Your friend can share a link that you posted, they can share the link with a wider audience than you originally shared it with. You may have 100 friends but the fact is that not everyone you are connected with on social media is actually your friend and, can also be a mutual friend of your ex. Chances are he or she might share some of the information from your posts. Just be safe and do not post anything that you would not want to share with your ex or his attorney or the judge.
The Information Does Not Have To Be Divorce-related
Facebook is the site to post all your fun exciting happy times. but refrain from doing that during your divorce proceedings. For instance, if you were supposed to be watching the kids but end up posting about a night of partying, your ex might claim you unfit to be a parent. Or if you are wanting spousal support and post a lavish purchase you were excited about purchasing it can be used against you.
Add Privacy Because You Are Essentially Under Investigation
Check and change your privacy settings. Remember, your ex-spouse’s legal team can find and view everything posted on Facebook (or elsewhere online) through research and discovery regardless of privacy settings. Every posting, even deleted ones, are permanent. Your ex and their attorney can rummage through your social media posts. If anything you post can be contradicted, some issues can arise that might be harmful to your case.
Error on the side of caution and hold off on using social media until your divorce is finalized. Currently, 1 out of every 5 U.S. divorces is at least partially due to Facebook. According to Divorce-Online, legal experts all agree that those statistics will continue to grow as more and more consumers log on to these sites to share updates about their lives, logging in each day to stay connected to family, friends, clients, and colleagues. It’s no longer a rare occurrence for one spouse to learn of an affair or inappropriate behavior(s) via his/her partner’s Facebook page.
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