Over 80 percent of divorce attorneys were able to find incriminating evidence regarding a spouse in a divorce proceeding that they could use against the other party. Not only is this evidence incriminating and oftentimes embarrassing, but it can also be used as actual evidence to determine the character of the other spouse during a divorce case. While many people use Facebook, Twitter, Instagram, and other social platforms to vent their frustration about their upcoming divorce proceedings, the truth is that anything posted on social media can be used against you in a court of law as evidence. These social media posts, comments, and tweets can negatively affect your case. As you go through your divorce, remember the following important items related to social media you may not have considered.
Announcement of Divorce
You may be frustrated, excited, angry, or anxious about your upcoming divorce. Announcing your expected divorce proceedings can bring a whole host of commentary from friends and family. Some opinions can unleash harsh arguments and others can simply be too revealing of your personal life. Ultimately, it is never a bad decision to wait until your entire divorce is finalized to put a simple note on social media that has your current relationship status. Removing emotion from Facebook, Instagram, and Twitter will ensure that these comments can not be brought from the online world into the court chambers of your divorce proceedings.
A Picture Is Worth a Thousand Words
You may feel vindictive or even feel free after the decision to divorce. Any outings you may have with friends, family, or new romantic relationships should be kept off of social media accounts. Any connection that you have with any person that is inappropriate, or any behavior that is inappropriate can be used against you in your divorce proceeding. Inappropriate pictures, videos of you drinking heavily, or making large purchases can all be used as evidence against you by your soon to be ex-spouse. Remember to tell your friends that you wish not to be photographed when you are out enjoying an evening with them.
Oftentimes people will use social media to brag about their most recent luxurious purchases or fancy vacations. If you typically use social media to highlight your shopping sprees and expensive lifestyle, this can come back to haunt you in a divorce proceeding. If you are attempting to argue that you do not have the funds to pay for child support, or are asking for additional support from a spouse due to inadequate finances, these pictures may be used as evidence against you.
Never Delete Anything on Social Media
Mistakes can be made on social media. However, if you do make a mistake, you should never go back and remove a post. Never delete anything from any account. A court may consider your deletion of social media posts as evidence that you were attempting to destroy evidence, which is illegal. The best practice is to never post anything personal or important on social media, but if you do, never delete it. Also, always remember that anything you post on social media is likely permanent as anyone can take a screenshot, even if you do decide to delete the post later.
Disable Your Location
Some divorces are due to the violent behavior of a spouse. If you, or your children, feel as if you are in danger, always find safety. Additionally, disable the location access or GPS features of every single app on your phone, and your children’s phones. This will prevent a violent spouse from finding you through your cell phone. As always, contact law enforcement if you feel you are in danger.
Contact an Experienced Divorce Attorney
Your behavior on social media is forever. If used incorrectly and inappropriately, it can absolutely be used to negatively impact your divorce case. Contact an experienced divorce attorney to help you understand your rights regarding social media, and also potentially explain how your spouse’s social media accounts may be used against them, to your benefit. Discuss your options with an experienced divorce attorney at The Law Office of Dana Pechersky at 954.529.2057 today. Call for a free consultation regarding your case.