Going through a divorce can be complicated and emotionally draining for everyone involved. Often people make rash and poorly thought out decisions during a divorce. This phenomenon has never been more true than now, during the age of social media, where every thought can be instantly uploaded for hundreds or thousands to see.
Seemingly everyone uses social media these days. If you frequently post pictures and updates to your social media accounts, you must understand how this could affect your divorce case. Even innocent posts that have nothing to do with your case or spouse can be misinterpreted and taken out of context, which could seriously impact the results of your divorce. When in doubt, avoid social media altogether. But at the very least, make sure you understand what you are doing when you post online.
The Illusion of Privacy
Don’t make the mistake of believing your posts on social media are private. Even if you’ve made your account private so that only a select few can see your posts and view the details of your profile. Unfortunately, even if your posts find their home on a private page, they are not private at all.
The fact is, if anyone else can see your posts, they are not private. Therefore, your posts will be discoverable if you are going through a divorce and your spouse believes that relevant information is posted to your social media pages. What does this mean? Your spouse and his or her counsel will be legally entitled to access all of your posts on social media.
Take Control of Your Social Media
There is a lot at stake during a divorce case. You will work with your divorce attorney to obtain a favorable decision regarding property division, child custody, and child support. Depending on what you share on social media, your online behavior can significantly impact these aspects of your divorce.
Avoid “automatic sign-ins,” where apps like Facebook or others automatically alert your followers to your location. For example, Facebook posting that you arrived at a bar. You must have one hundred percent control of your social media and published posts.
How Social Media Can Be Used Against You
If you can, delete all of your social media profiles until your divorce proceedings are finalized. But if you can’t, you should not post anything that could damage your case. Before posting, consider how a judge would view it and how it could be interpreted and explained by your spouse and his or her attorney.
Posts that show you partying or drinking in excess could impact your ability to gain custody of your children. Colorado judges do not consider fault when handling a divorce; however, they can consider marital misconduct that resulted in the dissipation of marital assets. Therefore, be careful not to post or be tagged in any post that could be interpreted as evidence of spending money in an extramarital affair. Unfortunately, people can easily misinterpret online activity. Jokes and comments can be destructive for your divorce case, especially when taken out of context.
As we mentioned, if you’re going through a divorce, deleting your social media accounts is the best choice you can make. However, at a minimum, consult with a divorce attorney about your social media posts and habits.
Social Media Posts To Avoid
Although advisable, it’s not necessary to delete your social media when going through a divorce. If you choose to maintain your social media platforms, avoid posting during the divorce and use them merely for news/entertainment. But if you insist on posting, know what to avoid.
- Never post anything about your case
- Never post anything about your ex
- Do not say anything negative about the judge handling your case
- Do post pictures that show you drinking or partying
- Do not post photos or updates about a new person you are dating
- Again, never post anything about your case
Make sure you consult with an experienced divorce attorney regarding your case and your social media posts. A particular post may seem innocuous to you, but it could be detrimental to your divorce.
Contact the Drake Law Firm Today
Contact the Drake Law Firm Today at (303) 261-8111 or complete our online form if you are considering a divorce. Our experienced divorce attorneys can help you through every step of the process and advise you on your social media habits. Don’t try to figure this out on your own. We can help you ensure that your divorce case ends as favorably as possible. And in the meantime, remember, stay off social media.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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2117 Ford St.
Golden, CO 80401