Limit your social media activity during a divorce

April 10, 2014 (Press-News.org) Limit your social media activity during a divorce

Article provided by Boyd Contreras APC
Visit us at http://www.orangecountyattorneysatlaw.com

Do you have a Facebook account? Are you in the middle of a divorce? If you answered yes to both of these questions, please listen up.

These days, it is getting easier and easier to leave an electronic footprint. With Twitter, Facebook and other social media sites, it is simple to trace a record of comments and postings, which are documented online. With this, it is equally easy to catch legal parties in lies or shifty activities. In fact, it does not take a private detective or a special camera. All it takes is social media, and the proof is reliable, too.

Though many family law attorneys will encourage their clients to stay off Facebook, users are simply addicted. In the heat of an argument, it is very easy to post compromising statements, which could overturn arguments or assertions made in court during a divorcesettlement. It is an effortless way to impeach statements -- with your own statements.

Incriminating posts to Facebook -- especially in the context of divorce -- may destroy your credibility in court. For example, let's say that you are asserting to the court that you need financial support. However, the next day, you buy a new BMW and post a picture of the vehicle on a social media site. You can bet that the opposing party and his or her attorney are watching. The court is, too. In this type of case, the court will have little sympathy for cries of poverty.

If you absolutely must stay present online, you should remember a few things.

1. Do not brag: Continuously promoting yourself can cost money in a divorce. You may even be inadvertently doing it to appear "superior" to your spouse. However, this can severely backfire, leaving you with little money in the settlement. During the divorce, you should refrain from "checking in" at various high-end restaurants or during happy hours. Expensive food and drinks mean you have money.

2. Behave yourself: Again, you may desire to drink and party as you deal with the stresses of your divorce. However, do not detail your partying online. Repetitive posts of excessive alcohol use will only hurt your chances with your children in the child custody portion of the dispute. Moreover, remember that just because you do not upload a picture, this does not mean that your friends will not.

3. Watch your company: Speaking of friends, even if the photos or statements online are not incriminating, your online activity could link you too the wrong people. Specifically, many child custody arrangements depend on the best interests of the child. If your posts suggest you are frequently surrounded by friends who are a bad influence (for example, they smoke in the presence of children), the court could look at this unfavorably.

In the end, it may be difficult to tear yourself from your social media accounts; however, it may be beneficial to put your online activity on hold. If you would like more information about the dos and don'ts of divorce and any other family law matter, consider meeting with a family law attorney. You may not know what you don't know.