The Inconvenient Truth About Social Media When Filing for Divorce
Social media is everywhere in modern life. It has transformed the way that people communicate, interact, find love and vent any frustrations. With the increasing prevalence of social media use, it is not surprising that it has become a double-edged sword. While it has empowered individuals to connect with others, it may not be a safe place if you're considering a divorce. In fact, it can present a minefield of potential pitfalls that will undermine your divorce case's integrity and adversely affect your life's outcome. So, why do you need to be careful in this situation?
Social Media Posts Can Hurt Your Custody Battle
Social media is the go-to place for many people to air out their dirty laundry, especially in the midst of heated emotions. However, couples going through a divorce should not use their accounts to vent about their pending case or their ex-spouse. This is because family court judges can use social media posts against you during custody or visitation disputes. Even if you think the posts are in jest, the court might not. Talking negatively about your ex can negatively impact your children's lives and the court's perception of you as a responsible parent.
Social Media Can Affect Property Division
The sharing of one's lifestyle on social media can harm your divorce outcome. For instance, if your ex-spouse finds a photo of you on a luxurious vacation a month before filing the divorce papers, he or she may use it as evidence that you were wasting marital assets. Or, if you're seen on social media with a new potential partner before the divorce is finalised, it could hurt your chances of obtaining a fair divorce settlement.
Social Media Is Discoverable Evidence
Divorce proceedings can involve extensive discovery processes where attorneys review emails, bank statements, texts and social media accounts to gain an advantage for their clients. Social media accounts are treated as public, and everything you post or share can be admissible evidence in court, even in cases where you've tried to delete the information.
The Better Approach
The convenience, accessibility and anonymity of social media have made it a breeding ground for oversharing, disrespect and privacy violations. In the middle of a stressful divorce, social media can seem like a refuge. However, using it could put you at risk of losing custody or receiving an unfavourable divorce settlement. By keeping your social media posts to yourself, you can avoid damaging your reputation, property and relationships with your children or soon-to-be ex-spouse.
Divorce is already a challenging time, and social media could make it even harder, so be careful. And if you have any questions about your case or your use of social media in this situation, talk with your family law attorney as soon as possible. For more information, contact a firm like Marriott Oliver Solicitors Pty Ltd.