Almost everyone has some 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, they may be a bit too loose with online information.
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.
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 subpoenaed and 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.
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.
Going through a divorce is a difficult situation. No one should have to go through this challenging time alone. The attorneys at Hagar & Phillips are ready to fight for your spousal rights and defend your case in court. For more information on divorce cases, how the divorce process works, contact us, or to speak to one of our divorce attorneys about your particular case, give us a call today at 615-784-4588!