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Everything you post could be used against you in a court of law

| Sep 21, 2020 | Child Custody, Divorce

In the current digital age, many people keep in touch with loved ones, near and far, on social media. While posting can help keep friends and family informed about your life, not all circumstances are appropriate for online display. For example, it may be best to reconsider social media use during your divorce or dissolution process.

Many couples struggle with marital problems, such as jealousy, related to online networking. However, electronic evidence could work against you, potentially affecting your settlement results.

Social media could negatively influence your divorce or dissolution

Regardless of how amicable your dissolution is, your ex and his or her attorney will likely build a case in their favor. Once you post on social media, you lose all rights to privacy in what you post and how you post it.

As such, they may search for photos that suggest your financial situation doesn’t merit the amount of support you’re requesting. How you present yourself is also important if child custody is at stake. Social Media is specifically used by Judge in Custody cases when such posts relate to the children and/or attempts to bad mouth the other parent. This can be as subtle as “liking” a group; meeting friends at bars or parties where there are pictures of you drinking or as subtle as changing your status to “single and available.”

A court may not accept evidence gained through falsified social media accounts. Yet, your public posts could be up for question. The best advice is stay off these sites altogether during contentious divorce or custody litigation.

If you consider sharing about your personal life online, think again. Statistics suggest:

  • Online affairs factor into roughly 33% of divorce cases.
  • Facebook posts serve as evidence in 66% of dissolution proceedings.
  • More than 81% of divorce attorneys find digital evidence to present to the court.

Although you may be able to defend questions about your social media posts, wouldn’t you rather minimize potential contention by keeping to yourself?

In addition to disputes that could arise with your ex, you might choose to create some space from well-meaning questions about changes in your life until you’re prepared to discuss the end of your relationship or marriage. Instead of making comparisons with your friends, focus on finding peace with the changes you’re going through so you can move forward with your life. Positive statements can then also be used to minimize any character attacks. Again, best advice is to avoid these sites and posts altogether.