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Facebook, Social Media and Divorce

It's not just celebrities who get into trouble for the things they post on social media. What you tweet or share on Facebook can come back to haunt you in a divorce or child custody case.

The things you share on social media can reach a much wider audience than you anticipated. Through the discovery process, your posts can also reach the courtroom. The following are just a few examples of sharing that can go wrong.

  • A photograph of your new boat or another asset may become an issue when it comes to division of marital assets.
  • A photograph of you on vacation with a boyfriend or girlfriend before or during your divorce proceeding can lead to a claim by your soon-to-be ex that you wasted marital assets.
  • A picture of you in a bar during a night when you had custody of your children can raise troubling questions in a time-sharing dispute. Who was taking care of your children?
  • Pictures of alcohol or drug use can raise questions as to your fitness as a parent.
  • A negative post about your ex can lead to a claim of disparagement and hurt your case in a time-sharing dispute.

Divorce is an adversarial proceeding. Even pictures or messages you view as harmless can be interpreted to mean something you never intended.

The most important rule anyone can follow before, during or after a divorce is to think before you post. If you become frustrated with your ex or you need to enjoy a good time with your friends, the last thing you should do is to post or tweet you might regret later. Before you post anything, ask yourself if you would like a judge in a family law case to see it.

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