Divorcing couples face many pitfalls and trials during the process, both in the divorce proceedings and the emotional strife that accompanies it. In the modern age, where seemingly everyone has at least one social network account, it is easy to reconnect with childhood friends, first romances or college roommates. However, social media networks also present difficulties during a divorce where you can see pictures of your spouse looking very friendly with someone new or read his or her status update about going out to dinner with friends when you believed they could not make the children’s school event because of work.
When going through a divorce, you need to use social media very cautiously. In fact, you should assume that every tweet or status update could be used by your spouse against you. Even if you are no longer “friends” with your spouse on Facebook, “followed” by them on Twitter or “connected” to them on LinkedIn, it may still be possible for your spouse to see the information that you post. Even with your privacy settings at the highest level, the information posted may make its way back to your spouse one way or another. Mutual friends, acquaintances or family might be able to access your posts. In addition, the confusing privacy settings on sites like Facebook could lead to your information going beyond the friends you intended. For example, on Facebook, if a friend “likes,” “comments” or “shares” your status, then that person’s friends can often see the status as well.
If you do use social media and are in the midst of a divorce, then you should consider the following:
· If the thought is not too difficult, consider deleting your social media profiles. It may seem like a drastic step, but the difficulty of “rebuilding” your social network is likely much less than the cost of your spouse finding unfortunate information on your social network page or finding emotionally damaging information about your spouse’s life.
· If you cannot bring yourself to delete your social media accounts, then you should at least think twice about posting anything. While you may initially think that it is okay to post a picture of yourself giving a toast at your friend’s wedding, your spouse may argue that it is an example of heavy drinking in front of your children. Such evidence could be used by your spouse to hurt your case for custody, regardless of the truth.
· Go through your friends and followers on all of your social media accounts, carefully considering which connections to keep. You should probably remove access to anyone who you think might share your information with your spouse. It is important to remember that our spouse can subpoena anyone to testify in your divorce or custody proceedings.
· Be careful about changing privacy settings. Facebook, in particular, has a habit of changing privacy settings that could allow your information to become more widely available. Constantly checking your privacy settings can help to prevent any unintentional sharing of information.
· Never, ever, ever share conversations that you had with your attorney. Sharing your attorney’s legal advice could waive the attorney-client privilege, which could allow your private communications with your attorney to be used against you.
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