Why You Should Not Post On Facebook During Divorce

HOUSTON, TX, March 25, 2014

During a divorce or any other family law matter, many attorneys have a straightforward message about Facebook: Stay away. If you are involved in a family law proceeding in the Houston area or elsewhere in Texas, your Facebook posts and other social media messages can affect your case.

The father of a young son learned this lesson the hard way. He was fighting his former wife for custody of their child in a divorce case. The man later told Huffington Post that he posted a statement on Facebook that said something similar to, "If you're an evil vindictive woman and want to ruin your husband's life and take your son's father away from him, all you have to do is say that you're scared."

His former wife took a copy of the post to court and asked that the man be held in contempt of court. The magistrate granted her request and gave the man a choice: Apologize to his wife for 30 consecutive days on Facebook or spend 60 days in jail. The man said he began posting the apology on his page, but later stopped. He was ultimately able to resolve the situation without going to jail, but his experience can be a lesson to anyone in a family law proceeding.

Posts That Seem Harmless Can Be Damaging

Many people take to Facebook, Twitter and other electronic media to express frustration with a family law matter. Many people share so much of their lives online that it seems natural to share their feelings and updates about a family law matter. As the man's case shows, these posts can result in serious legal consequences.

In fact, even seemingly harmless posts and online activity can be harmful to your case. Your spouse or your spouse's legal team may watch for:

- Negative information about your spouse or your child's other parent. A judge would not view these posts favorably toward you.
- Changes in relationship status on Facebook. Saying that you are single when you are still married does not cast you in a positive light. Similarly, writing on Facebook that you do not have children when you do could be harmful.
- Evidence that you are hiding financial information. You may write about a promotion at work, something new that you have purchased or a trip that you have taken. This information can be used to damage your case - even when you are being truthful with regard to your financial disclosures.
- Photos and updates about your partying or nightlife. Even if it's the one night a year you and friends go out on the town, these photos could be used to portray you as an unfit parent.

Blocking your spouse, child's other parent or another opposing party from viewing your posts may not help you. Others who see your posts may share the information or allow your spouse or someone else access to the page. In the case where the man was ordered to apologize or serve jail time, he had blocked his ex-wife from seeing the Facebook page, but someone else gave the woman a username and password to use the page.

Your Spouse's Posts May Be Evidence

While you should take care not to post on social media during family law-related legal proceedings, you may also want to watch your ex-spouse's online activity. He or she may be making the types of posts that you have been warned against. For example, if your spouse claims that he or she cannot afford to pay support - or if he or she claims support needs to be adjusted - a post about the success of his or her new business venture can help your case.

In some cases, notes the author of an article on Forbes.com, your spouse's friends may accidentally give away financial information. Your spouse's friend may post a picture of the vacation they recently took right after your spouse claimed he or she did not have any money, for example.

An Attorney Can Advise You

If you are beginning a divorce or another family law problem, an attorney can advise you on what, if any, social media use is appropriate. Your lawyer can also advise you of ways that your spouse's Facebook or other social media posts can be used as evidence in your favor.

Kerr, Hendershot & Cannon provides experienced representation for divorce in Houston and other area cities. To learn more about how we can help you, visit http://www.houstondivorcelawyershc.com/.