Divorce and Social Media
How Social Media Affects Divorce
Privacy is not what it used to be. On a daily basis, we know more about a stranger than we care to, because of social media. While the things that people will share online can be comical at times; like what they ate for lunch or if they argued with a friend; more pressing matters are being affected because of social media. Such is the case with divorce.
1. Pictures, Text, and E-mails
Digital information most likely will be admissible in court and now forms part of the evidence in a wide variety of court cases. People may not make the connection automatically, but what is shared and posted from their personal lives can significantly affect their divorce trial, especially if they have something to hide. Things posted on the internet are there forever. I advise clients not to post on social media while case is pending but if they do at the very least they should think how whatever is posted will be interpreted in court.
2. Money Matters
For example, when it comes to money, a clear picture can be painted and constructed through social media. If one party in the divorce is shopping, traveling, and dining in expensive restaurants, having this registered through photos online, may not go over well in court. Of course, there is nothing wrong with any of those activities, but if it doesn’t line up with what is said in court, then we may have trouble. People often try to hide their income, wealth or affluence to avoid paying more substantial amounts of child support or alimony.
Both parents are responsible for the support of their children. Thus, the obligation to pay child support is part of the effect of a divorce with minor children. A side business might be something either party would consider hiding. With technology being what it is today, this is more difficult than some might imagine. It would be done to decrease reported income in order to not to have to pay a higher amount of money, in child support. Recently a man was discovered to be hiding the fact that he owned a business. A search of LinkedIn revealed the man’s company.
4. Custody
If pictures are shared of either party staying out late, drinking alcohol to excess, or using drugs these posts could be used against the party engaging in that behavior. In all likeliness, this will not be helpful to be awarded majority time-sharing of children who need responsible parental care. Any social media posts that can be authenticated potential is evidence that will be admissible in court. The digital age has made the world smaller and privacy limited if we choose to engage in social media.
Conclusion
The best advice, even if you have nothing to hide, is to stay away from social media until the divorce is over. Just don’t do it! It will avoid assumptions about how you spend your time, money and resources. If by chance throughout the separation you meet someone and start dating, it would be smart as well, not to have this information available to your ex-partner. I advise my clients to not post or flaunt new relationships on social media. If the goal is to get the divorce resolved as amicable and as inexpensive as possible it is best not to inflame the emotions of the other party. Know your rights. To discuss divorce or other family law matters call 727-846-1802.
Written by Debora A. Diaz, Esq.