Social Media and Divorce. Tread Lightly

WomanWithCaption_2Our apparent appetite for online communication and its ability to impact the outcome of a divorce makes it a timely and worthwhile topic. The guidelines aren’t as common-sense as you might think, so if you or someone you know is going through a divorce, please read this or pass it on:


No. 1. You’d be amazed at what can end up on Social Media. And you don’t have to be the one to post the picture! Anyone anywhere can take a picture of you and post it online. Just ask a teenager how easy it is to find pictures of yourself doing things you wouldn’t want the court to see. If you tell your Ex you can’t take the kids this weekend, know that he/she just might find the pics that you or somebody else posted of you knocking back drinks on your weekend at the beach and use them against you in court.

No. 2. Social Media and Drinking Don’t Mix. It’s unfortunate that computers don’t come with breathalyzers. Going through a divorce is almost always an emotional ordeal, and texting or posting on social media with lowered inhibitions can lead to Ex-bashing rants, divulging financial information, revealing past behavior, and broadcasting a host of other things that can be used against you in court. Just don’t do it!

No. 3. Don’t Delete the Stupid or Emotional Stuff You Previously Posted on Social Media. You have an obligation not to hide evidence. When you post nasty things about your Ex in an emotional moment, don’t think you can take them down later and get away with it. Once it’s out there, it’s out there, and the court can require you to cough it up, consider it against you, and can sanction you for the destruction of evidence.

No 4. Don’t Unfriend Your Soon To Be Ex on Facebook or Other Social Media. (This is tightly linked to point No. 3.) When you “unfriend” your soon to be Ex on Facebook or prevent them from following you on twitter or whatever social media you use, you are hiding evidence. The court will require you to restore your Ex’s friend status, giving him/her access to the very information you didn’t want them to have in the first place, which they will then use against you in court.

 

 

About the Author:

Curtis began his legal career in 1998 as a paralegal, during which time he specialized in employment law, personal injury, consumer protection, civil litigation, the discovery process and managing large volumes of information and documents. As a result, he has the insight and abilities to accomplish your objectives as quickly and inexpensively as possible. He earned a Bachelor of Science degree in Business Administration—Computer Systems and Applications and Mathematics from California State University, Fresno and holds a Juris Doctorate degree from San Joaquin College of Law.

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