Social Media & Your Divorce

People going through a contested divorce, child support case or custody case must be much more aware of their social media posts and the posts of their friends in which they are tagged. Facebook, Twitter, Linked In and other online posts are often checked-up on by the spouse or other parent involved in Family Law litigation.

As a practicing matrimonial attorney, I frequently have a client who provides me with screenshots of Facebook or other social media posts to prove that the other parent has more money than they say because of pictures and posts from their leisure activities, such as going out to dinner, weekend trips, recreational activities, gifts purchased for new friends and on and on it can go.

Clients will also use the same information to try and prove a parent is using drugs or associating with people that abuse drugs. They use pictures and posts to try and show that the other person is with a known drug user or perhaps a person that has been to jail.

Because you can be tagged in other people's posts it is not enough to just be careful about your own posts. Therefore since you can't control what other people post, consideration should be given to not even maintaining an account on social media until your case is finished. If you have no user name and account you can't be tagged by other people, there will be no embarrassing photos or foolish posts.

At a recent deposition, my client who had previously had major cancer surgery and who was working but not at the same capacity as previously, was questioned about participating in a mud run and his statement that he finished all the obstacles and his rank in his age group. While the client, at least from the photo was not very dirty compared to the people he was standing next to it caused him a problem that never needed to exist.