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If you are divorcing, be careful how you use social media

July 13, 2018

Almost everyone has some sort of social media presence, it seems. You are probably used to posting pictures and telling friends about your life, your children’s lives and anything else that seems important.

Your soon-to-be ex-spouse may be active on social media, too, and from a divorce standpoint, he may be a bit too loose with online information.

Providing careless clues

Your spouse may block you from his Facebook page, but he probably has followers who are friends from the “old days” when you and he were a couple. Some of those friends may be more loyal to you, and they may become the source of information that could affect the outcome of your divorce. For example, your spouse may tell the court that he is unable to pay spousal support. However, only days later, a social media post shows him grinning happily and holding up the big yellowfin tuna he just caught. The caption identifies the boat as a chartered sport fisherman out of Cozumel, Mexico, about a five-hour flight from where you live.

Using email and text information

An experienced family law attorney will advise you never to put in emails or text messages information you would not want the public, or the judge in divorce court, to read. Emails and text messages can be subpoenaedand used in court. If your spouse uses email to brag about the raise he just got, he could be in legal trouble because a raise is in direct opposition to the information he provided in his financial affidavit.

What you share is there forever

You may think that once you delete a post that may prove troublesome in terms of your divorce, it is gone and you are safe. Keep in mind that what you post on social media is permanent. For example, someone may have taken a screenshot of a post that you later deleted. There are other ways for deleted posts and photos to be retrieved, as well. Your spouse may be careless about all things digital, and his rashness may eventually work to your benefit in the divorce. Meanwhile, remember to be discreet with information and careful about how you use social media.


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