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Divorce and Social Media – How to Navigate the Social Stratosphere during Your Divorce

Posted by The Firm | Mar 04, 2020 | 0 Comments

When it comes to sharing information on social media, we can all agree that it's too much. The internet makes everyone feel closer and comfortable, and you're bound to over-share on it at one point or another. Moreover, during pressing times, such as a pending divorce, social media only ends up heightening the awareness around your family and you, solely based on these posts or social media activities.

By social media activities, we don't just mean posts and comments; we also refer to online photos, microblogs, tweets, likes, follows, and more. Whether you use YouTube, Twitter, Facebook, LinkedIn, Instagram, or even Reddit or TikTok, be cautious about the content you are posting. Posting anything on these platforms means that you're putting out public information that can be used as evidence in family law courts.

Why Do You Need to be Careful?

If you're an active social media user and use Instagram or Facebook to post fun pictures of a recent vacation that you went on, the opposing party might use this information against you. Something harmless could be misconstrued and misused in family law courts, which could place your candidacy for child custody and child support in jeopardy.

You'll be surprised to know that information gathered from social media platforms like LinkedIn, Facebook, Instagram, Twitter, and YouTube can be used in a court of law as evidence. Many opposing parties work with their attorneys to routinely do this.

Your Social Media Builds Your Reputation

Evidence from social media is largely used to undermine the credibility you hold in the eyes of the evaluator for child custody and the judge. If you're a prolific user of social media, you should be aware of one thing – your posts directly affect your reputation. Once you have made a post, screenshots, screengrabs, or videos can be made of the post.

The posts made in fun can be considered as evidence that you are not a good parent, or to show instances of perjury. Your posts and comments can also be used to contradict the current statements you made and showcase your propensity to lie as well as establish poor credibility in a court of law.

Being Careful about Posting

It's better to exercise caution when you're using social media. If you have a pending case for family law, it's best to log off from all social media platforms that you use. If you're still using social media, the following are some tips to keep in mind:

  • Never cyberspy, stalk or harass the other party
  • Think about the legal ramifications when you post anything
  • Be as discreet as possible on all social media
  • Be cautious when posting photographs
  • Avoid discussions about the case, judges, attorneys, and opposing parties
  • Choose all your words carefully and do not use expletives
  • Set privacy settings to high

Remember that even if you have blocked the other person from all social media, mutual friends may pass information to the opposing counsel or party. You should also do a thorough search to look for online vulnerabilities on all your social media profiles. And, most importantly, keep your lawyer in the loop about all information that could be used against you or can help to strengthen your case.

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