In the past five years I have noticed a significant increase in the amount of evidence collected from social networking sites such as Facebook, Twitter and Instagram. This information is being used by and against litigants in the settlement negotiation process and at trial.
In today’s culture, these and other social media and professional networking websites have become an important part of how people interact. When something exciting happens in our lives we post it to let our friends know. Often, our posts include lots of pictures. Unfortunately, we may post something without thinking through all the potential consequences.
For couples going through a divorce, posts on social media sites could compromise your divorce, the settlement negotiation process, and potentially harm relationships with children and other family members. There are many examples where children are “friends” with both parents on social media. Be mindful not only of social media posts but the content you are putting into emails and texts. Text messages and emails are routinely finding their way into trials as exhibits attached to affidavits.
The type of information being used by parties in divorce proceedings often relate to information about finances and assets. For example, one party claims an inability to meet his/her child/spousal support obligations and that same party is posting pictures of their brand new Mercedes and a trip to Mexico.
If you are involved in or have the potential to be in a family law dispute you should consider the ramifications of sharing the private details of your life via social media and electronic communications.
I routinely tell my clients don’t post it, don’t text it, don’t tweet it and don’t put anything in an email unless you would be completely comfortable reading it to the Judge presiding over your trial.