Social Media in Divorce Proceedings

September 18, 2010

New social media such as Facebook, MySpace and Twitter have provided a forum for many of us to interact with friends. Whether catching up with friends with whom we may have lost touch, sharing pictures of our families or our weekend adventures, or using the media to brag or "vent" about something we feel strongly about, social media allows us the ability to do all of this and more.

While this may seem like innocent fun, many are finding out that what is posted or "tweeted" on or through these media sites can and will be used against them in family court. In a world where it is easier than ever to reveal information about ourselves, it is becoming exceedingly easy for that information to be used against us.

Divorce lawyers across the country are searching social media for information to use in divorce proceedings. According to the American Academy of Matrimonial Lawyers, more than 80 percent of divorce attorneys surveyed reported an increase in the amount of evidenced collected from social networking sites in the past five years.

According to one attorney, information gathered from social networking sites can be used to "show a pattern of behavior or discrepancies in testimony" when a lawyer cross-examines a witness.

If you are going through a divorce, Time.com offers "No-Nos" for Facebook, these ideas can also apply to other social networking sites:
- Do not show off -- displaying pictures of or bragging about new or expensive purchases or a recent vacation can "color the court's view of your finances and affect your settlement."
- Do not display everything -- party pictures or photos of dangers activities could affect the court's impression of you.
- Do not let others tag you in a photo -- the same rules that apply to what photos you post should apply to the photos your friends post of you.
- Do not "vent" -- posting negative comments about your ex-spouse or anyone involved in the proceedings, including lawyers or the judge, could affect the proceedings; plus, your children may be able to read the comments.

Remember -- think of the consequences before you post or tweet -- especially if you are involved in any family law proceedings, such as going through a divorce or modifying child custody or child support arrangements.

Article provided by Law Office of Brian D. Kaschel
Visit us at www.briankaschel.com