For most, social media is now a ubiquitous tool that connects us to friends, family, and the world. We share our triumphs and tribulations, often in real-time. But in the emotionally charged arena of a divorce action, seemingly harmless posts, photos, and comments could have significant consequences. This blog entry will explore the hidden dangers lurking behind your social media posts and provide some general ideas on how to navigate your digital landscape during a divorce.
While seemingly innocuous, your online activity can be, and often is, used as evidence in divorce proceedings. Here’s how:
- Proof of Adultery or Inappropriate Behavior: Photos and posts documenting romantic relationships, late-night outings, or even suggestive comments can be used as evidence of adultery or other behavior. Even if the posts are not public, they are generally susceptible to discovery through subpoenas or forensic analysis.
- Financial Discrepancies: Exhibiting lavish purchases, vacations, or new assets while claiming financial hardship in court can damage your credibility to a judge.
- Parental Fitness Concerns: Posts depicting excessive partying, including alcohol use, even if it is responsible, can often lead to questions being raised about parental fitness. Caution should be employed when your posts depict routine partying, drinking, etc.
- Contradictory Statements: Statements made on social media can contradict statements made under oath or in legal documents. For instance, the claim that you are unable to work due to health reasons and therefore you need support, but you post pictures of a recent ski-trip may cause a court to question your credibility.
- Evidence of Harassment or Disparaging Remarks: Using social media to harass, threaten, or disparage your spouse can not only negatively impact your case but can also lead to separate legal issues, such as protective orders. Additionally, in the event that custody is at issue, it can lead to you being viewed in an adverse light due to your perceived inability to show proper judgment.
- Location and Activity Tracking: Check-ins, location tags, and posts about your activities can be used to establish your whereabouts and contradict claims about your schedule or parenting time.
The best approach to social media during a divorce is caution. This does not mean avoiding social media altogether, but rather, being more judicious with how and what you post. Here are some essential tips:
- Privacy Settings are Not Foolproof: Increasing your privacy settings is a good first step, but does not guarantee your protection. Assume anything you post can be seen by the court.
- Refrain from Posting About Your Divorce: Avoid discussing your case, your spouse, or any related matters online. This includes venting your frustrations, celebrating perceived victories, or seeking advice from friends.
- Think Before You Post: Before you post, consider the potential implications, including foreseeable comments. Ask yourself: Could this be misinterpreted or used against me?
- Preserve Evidence: Just as social media can be a tool used against you, it is one that you can wield as well. Therefore, if you believe your spouse’s social media activity is relevant to your case, take screenshots and preserve them in a secure location. This information should be shared with your attorney.
- Consult with Your Attorney: Before making any decisions regarding social media, including pausing your social media presence, discuss your concerns and strategies with your Maryland family law attorney who can provide your with specific advice based on your case.
Conclusion:
Navigating a divorce is already complex and emotionally challenging. Don’t let social media exacerbate vulnerabilities in your case. By understanding the potential benefits and pitfalls of social media, you can take proactive steps to protect yourself and minimize your risks. If you are considering or involved in a divorce in Maryland, contact an experienced family law attorney to discuss your case and develop a comprehensive legal strategy. Your online activity matters – treat it with the seriousness it deserves.
