Remember growing up and being told “If you don’t have anything nice to say, don’t say anything at all”? While the days of talking face-to-face have been replaced with technology, the same rules apply to social media – especially if you are going through a divorce or separation.
Some people feel the need to display their whole life on social media, whether it’s a Facebook post or an Instagram selfie. Posting the wrong thing, however, could be a costly mistake.
Your social media posts can be used against you in your divorce proceeding. For example, posting pictures of yourself with another man or woman with whom you are romantically involved will, not only inflame the situation, but could provide your spouse with evidence that he or she can use against you, either on the issue of custody, or if the pictures show you engaged in costly activities, on the issue of finances.
Treating yourself to a lavish vacation, dining at fancy restaurants, or attending the theatre and concerts, and then telling a judge you can’t afford child support or spousal support can be used to prove you have the means to pay. Even a post of you out drinking, partying or smoking (all things adults can do) also could potentially be used against you in a custody dispute, if your soon-to-be-ex tries to claim that this behavior would be harmful to your child or children.
You also need to be careful about discussing your divorce and your soon-to-be ex on social media. Speaking negatively about him or her will not be looked upon favorable by a Court, especially if there are issues of custody, since each parent is obligated to foster a positive relationship between the other parent and the child(ren).
What may seem to be a harmless way to share your life’s events with friends and family, is something that you should think twice about when going through a divorce. Once you post something there’s no taking it back. Even if you have deleted it someone more than likely already took a picture of it, and what was meant for the eyes of a few will end up in front of the eyes of the court.
Contact us with questions or comments today.
By Debra Rubin