Recommendation from a Divorce Lawyer: How NOT to Use Social Media Throughout Divorce
During a divorce, you shouldn’t put up to social media in the identical method as you used to, that’s, previous to starting the divorce course of. That is very true throughout a contentious divorce. The previous adage that “footage converse a thousand phrases” ought to develop into your new gospel.
Keep in mind that all the photographs and movies that you simply put up on-line are discoverable.
Which means that they might doubtlessly be utilized by your partner and their authorized group as displays in a movement or offered as proof at trial.
Social Media: Divorce Recommendation from an Lawyer
Sadly, notion is actuality in court docket. If the opposite facet raises allegations in opposition to you they usually have social media proof to help their allegations, you’ll have an uphill battle shifting ahead. Be sensible and don’t make it straightforward to your Ex.
Whereas all of us take pleasure in Fb, TikTok, Twitter, Instagram, Snapchat, and different social media platforms, it’s best to all the time preserve your life as personal as attainable on-line. Enable me to repeat, social media just isn’t the discussion board to debate your poisonous marriage or to start the dialog (or monologue) of telling your husband you need a divorce. In actual fact, it is best to use privateness settings in order that solely trusted family and friends can view your images and movies.
Whereas this recommendation might seem to be frequent sense, many individuals fail to comply with it.
Matrimonial attorneys have seen the whole lot. We all know what can doubtlessly be used in opposition to you throughout a contentious custody dispute. If you’re not sure whether or not your social media posts are applicable, have your lawyer evaluation them and supply steerage as to how a court docket might view them. Keep vigilant, evaluation your previous posts, and delete something inappropriate.
Take a look at “What Can Be Used In opposition to You in a Custody Battle.”
For those who should put up, what follows is my listing of 13 Issues NOT to do. Who am I? I’m a divorce lawyer who has witnessed many particular person misuse the platform and undergo hurt in consequence.
What To not Publish on Social Media Throughout Divorce
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- Don’t put up images of your self partying. There ought to be no images or movies of you consuming alcohol, of alcohol bottles mendacity round, or of you doing medication — even whether it is “simply” marijuana and authorized in your state.
- There ought to be no overtly sexual images.
- There ought to be no movies of you bodily harming, hitting, or screaming at your kids or different individuals’s kids.
- There ought to be no movies of you harming animals and pets.
- There ought to be no movies of you participating in any legal actions.
- There ought to be no movies of you taking part in witchcraft (sure, actually).
- There ought to be no movies of you documenting your citizenship journey in case you are not but an American citizen. That is paramount proper now, given the local weather of the present administration.
- There ought to be no nude images of you or your kids. Belief me on this. (Even when your little one is a child or toddler and it appears innocuous, don’t put up any nude pictures or half-naked pictures of your kids anyplace on the web.) It may and will probably be used in opposition to you in custody litigation.
- Don’t disparage the opposite dad or mum, their shut pals, or their household on-line. This won’t solely look petty and present emotional immaturity in your finish, but it surely additionally clearly displays that you simply disrespect your coparent
- A choose won’t situation joint authorized custody or joint decision-making together with your Ex if you clearly detest them. Why would a choose order you to make choices collectively together with your Ex if there’s blatant animosity or a sample of visibly hostile habits? There isn’t any higher proof than bringing this to the court docket’s consideration by way of social media posts that you’ve posted.
Possibly it’s time so that you can learn “Overthinking When to Go away Your Husband”?
11. Don’t create web sites or textual content content material that disparages your Ex. Keep away from detailing how your husband cheated, sharing private data, or participating in slander. Making up lies about your Ex on-line can severely hurt your case. This not solely harms your custody case, but it surely additionally opens the door for future civil litigation for slander and libel, and potential legal prosecution in case you are participating in what is usually generally known as revenge porn. This demonstrates potential pathology and can also be indicative of great psychological well being points. None of this can serve you effectively in a custody dispute.
12. If you’re claiming that you’ve well being points or not too long ago sustained accidents that forestall you from working, don’t put up your new job to LinkedIn or images of your self dancing. The opposite facet will scour your social media to maintain tabs on you. Don’t put up something that you wouldn’t need the opposite facet to seek out and use in opposition to you.
13. Don’t put up something that you wouldn’t need the opposite facet to seek out and use in opposition to you.
14. Don’t put up something that you wouldn’t need a choose or referee to see as proof in a custody case.
Conclusion
Throughout a divorce, it’s smart to be aware of all your social media posts — as even seemingly harmless posts might be portrayed negatively by the opposite facet. It’s all the time finest to err on the facet of warning. When unsure, don’t put up. However in the event you can’t chorus from posting, guarantee that you’ve activated your privateness settings. Additionally think about unfriending and even blocking your Ex and anybody in your Ex’s nook who you wouldn’t wish to have entry to your pictures and movies sooner or later.
NOTES
A zealous advocate for her purchasers, Meredith L. Singer is an skilled NYC divorce lawyer who strives to maintain authorized illustration inexpensive and accessible.
For those who dwell in New York Metropolis or Brooklyn, schedule your free 15-minute session with Meredith by emailing her at meredithsingerlaw@gmail.com
You may as well visit her web site right here.
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*We help same-sex marriages. For the sake of simplicity on this article, nevertheless, we discuss with your partner as your “husband” or a “he.”
