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Facebook, Twitter and divorce

When a person posts on Facebook, Twitter or other social media site, they are leaving a record in cyberspace. Those records can come back to haunt the poster in a family law dispute.

Before you post, think of how it would look if your ex's lawyer introduced it in evidence in divorce or child custody proceeding.

The risks of posting on Facebook

It's common for people going through a divorce or child custody dispute to post about it on Facebook. Sharing your experiences with friends may not end well.

Family law attorneys can obtain access to your social media posts as a part of the discovery process. Even deleted posts may be recovered.

Here are just a few examples of Facebook or Twitter posts that can hurt you in your legal proceeding:

  • A post criticizing your ex can be used as evidence against you in a child custody case
  • A picture of you consuming alcohol may be used to suggest that you are an unfit parent, especially if you had custody of children at the time.
  • A picture of you on vacation with a boyfriend or girlfriend may be used as evidence that you wasted marital assets.
  • A picture of expensive purchases may lead your spouse to think you have assets you failed to disclose.

The things you post on social media sites can used be used against you in ways you did not expect. They may be interpreted to say things you never intended to say. Even if you can explain the post or picture, doing so may be expensive if you have to do so in court.

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