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Social Media During a Divorce

Today, social media has become a part of everyday life, from posting a picture on Facebook to Tweeting about a child’s accomplishment. However, social media not only affects individuals and families on a daily basis, but it can affect your divorce case, so it’s advised that you close out your social media accounts during divorce proceedings.

Many individuals post on social media platforms without thinking about the consequences or backlash of doing so. If you are in the process of a divorce or custody battle, here are some tips to keep in mind the next time you decide to post:

Think About The Consequences
Before you post anything on social media, know that anything on your profile may be introduced into evidence by your spouse’s attorney. If a social media post may reflect poorly on your character, parental judgment, or level of immaturity, it is probably not wise to post! It is not in a person’s best interest to post photographs of late night drinking or outings, while going through a divorce, because the court may misconstrue it.

Don’t Talk About Your Case
It is never a good idea to discuss your case with anyone, let alone on social media. Essentially, this could affect attorney client privilege and could lead to privileged information being discoverable. In addition, do not speak ill of the judge, because it may get back to him or her.

Don’t Badmouth An Ex
While you may be angry with an ex-spouse, it is important that you do not badmouth him or her on social media. This post may be introduced as evidence in a custody battle, which is frowned upon by judges. In addition, it is not within the best interest of children to speak poorly about a parent.

Unsure If You Should Post, Then Don’t
If you are unsure if a post will be misinterpreted or used against you, then do not post it. A judge deciding your case or other individuals on social media may misinterpret your social media post that may seem harmless to you. Also, do not check into restaurants, shops, spas, nightclubs or other outings on social media.

Follow The Terms
Some orders or agreements prohibit a person from posting on social media. If so, comply with these terms.

Check Your Settings
It is important to always check your privacy settings on social media accounts. Make sure your account settings are “private” and that you’re not posting to the general public. Also, make sure friends and family have their social media accounts set to “private” as well.

The best thing to do while going through a contentious divorce is to stop posting on social media and simply log out of your account all together. In addition, if you are looking to delete a social media post or account, consult with an experienced attorney before doing so. Deleting a post or social media account may be construed as spoliation of evidence, which can have serious legal consequences.

The lawyers at Larry McCord & Associates,LLC have experience representing spouses in all aspects of matrimonial and family law litigation. The complexities in divorce and custody cases can be overwhelming and emotional. Contact Larry McCord and Associates, LLC at (631) 643-3084 to put an experienced Long Island divorce lawyer on your side.

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