Today most people have some sort of social media account. Common websites are Facebook, Instagram, Snap Chat, Twitter, LinkedIn, dating profiles, WhatsApp or Tumblr.
It is important to keep in mind that all of your posts could come back to haunt you if you end up in litigation. Common sources of damaging information come from social media posts, so it is key to be cautious about what you post on social media—even if you are just contemplating a separation.
Here are the top five things to avoid posting on social media when you are in a dispute over divorce, custody or support.
- Disclosing confidential information. Posting about what is discussed with your attorney, therapist, or doctor could waive the protection the law has provided on these communications. While judges may order that some of this information be disclosed (mostly doctor and therapist information), this is not a guarantee. That being said, if you post about it on social media you will be waiving any privilege that may exist.
- Referencing alcohol or drug use. Even if you do not appear to be under the influence of either, posting pictures with alcohol or drugs will not help matters, especially if your ex is making allegations of substance abuse.
- Complaining about court or a judge’s decisions. In many counties family law cases are assigned to a specific judge. The last thing you want a judge to see is a public post complaining about their decision at your next hearing.
- Posting about expensive purchases, vacations or gifts. This is very significant when it comes to support cases.
- Posting complaints or negative comments about your ex-spouse or ex-significant other. While it may make you feel better in the moment, it will not help your creditability with a judge. It also may hurt the likelihood that your ex is willing to settle your dispute.
No matter how good a post may feel in the moment, no post is worth damaging your case. Even if you have made your page private, it is not safe from opposing counsel requesting documentation or a private investigator finding your page. If you have questions on social media and how it may affect your case, contact us to schedule a consultation with an experienced divorce attorney today!
