Social Media and Divorce - What You Post Online Can (and Likely Will) Be Used Against You

 Posted on September 19, 2016 in Divorce

Social media has become an integral part of most people's life. They share what they had for dinner, recent photos of their pets, exciting news of a pregnancy or job promotion, and even the loss of a loved one. There is such a thing as oversharing, though, especially when it comes to those who are pursuing a divorce. In fact, anything and everything you post, from now until the divorce has been finalized, could be used against you in court. The following information can help you understand what information might make its way into court, and how you can best protect yourself during the divorce process.

Most Forms of Digital Communication Admissible in Court

The first thing you need to know about your digital content is that most of it - from text messages to Facebook posts to emails - is admissible and able to be used against you. In other words, you will need to safeguard your phone and change all of your passwords. Most of all, be sure to keep your content free of any incriminating evidence that could be used against you or somehow misconstrued to portray you in a negative light during your divorce.

Finances and Social Media Use

You do not have to boast your exact income to find yourself in trouble during your divorce. Photos of a vacation (regardless of whether or not you were the one that paid for it), posts or photos of recent purchases, information on a side business (whether lucrative or not), or even talks of what you plan to do with your divorce settlement can all create problems for you in court. Alternatively, if are seeking child support and/or alimony and post updates or photos of yourself at the spa or playing video games all day when you should be looking for work, you could lose out on part of your settlement.

Custody and Social Media Use

Is it your week with the kids? Be careful of what you post! If there are photos of you out partying with your friends, drinking, or otherwise shirking your duties as a parent, it could damage your custody case. This may be true, even if the picture was not taken on your week with the kids, but was posted during that time. Participating in activities that could be pursued as dangerous, public parental alienation of the other parent, or negative posts about your children could also impact your case.

Protecting Yourself from the Negative Effects of Social Media During Divorce

Really, the best way to protect yourself from the negative effects of social media in divorce is to stop using it altogether. However, there are people who need to participate online, such as those who run online businesses. In such cases, consider your content carefully. If you have even the slightest concern that what you are about to post could be used against you or somehow misconstrued, simply do not write it - not in text, not in email, and certainly not on social media.

Also, never delete a social media account to avoid persecution. This can actually be considered destruction of evidence, and it can get you into some serious trouble. If there is incriminating evidence already on your account, or information that you fear could be used against you, discuss it with your attorney. They may be able to help you do damage control. At the very least, they can help you understand the possible implications of an incriminating post.

Contact Our Wheaton, IL Divorce Lawyers

At The Stogsdill Law Firm, P.C., we have a reputation for successfully navigating even the most contentious and complex divorce cases. With skill and dedication, we will aggressively represent you in your divorce case, protecting both your future and your interests. Get the experienced assistance you need and deserve. Schedule your consultation with our seasoned Wheaton, IL divorce attorneys by calling 630-462-9500 today.

Source:

http://www.divorcesource.com/ds/newjersey/social-media-and-the-family-court-3934.shtml