Dangers of Social Media and a Divorce

The Dangers of Posting, Typing or Texting

Social Media is emerging as a new weapon in a divorce.  Electronic media is discoverable.  (Discoverable means that the information can be requested or subpoenaed and you can be asked about it in a deposition or in Court.)

If you are currently undergoing a divorce or preparing to file for divorce, be aware that your Facebook, Instagram, or any other social media accounts may be discoverable in a divorce.  Any of the things you post, type or text may become an issue in your divorce proceedings.  Use caution as the dangers are significant.  Understand that what once seemed acceptable and harmless may now be unacceptable and damage your credibility.

Before you set your fingers on the keyboard or phone, stop to think.  Measure the impact of what you were intending to post, type or text.  Pictures can be especially dangerous.  Ask yourself; how would you feel if you were asked about this picture or post, under oath, at deposition or in a Courtroom in front of a Judge.  If any of those images are uncomfortable, don’t post, type, or text.  Do not put yourself in a bad situation by sending an angry text.  Understand that this text, while it seemed like a good idea at the time, may come back to you in a very negative way.  Divorce is hard enough, don’t make it harder with inappropriate social media posts.

The general rule of thumb is “when in doubt, don’t.”

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