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  3. Divorce Litigation: Social Media Use Could be Evidence Against You

Social media has become a popular and acceptable way to share your life with friends, family, employers, co-workers, and even the general public. Not only do many people use social media platforms to announce good news, but also to vent about personal matters.

However, if you are going through a divorce, your social media activity can be used as evidence against you. Your spouse’s attorney can use what you post and say on social media platforms such as Facebook, Instagram, and Twitter to make you appear like a bad spouse and negligent parent.

For example, if you are attempting to claim a large portion of the marital assets, but your social media profiles are filled with pictures and videos of lavish expenses such as cars, fancy dinners, and even vacations, you could make yourself appear to be frivolous with spending, thus giving your spouse a favorable final agreement.

If you are going through a child custody dispute and you share posts of partying late at night with friends or using drugs while you’re supposed to be supervising the children, not only could the other parent end up with primary custody, you may lose your visitation rights altogether.

Additionally, sharing your thoughts about your divorce proceedings or repeatedly posting negative comments about your spouse to your followers and friends on social media could make it look like an attempt to alienate the children and invite your employers and other professional acquaintances to see your business.

If you are going through the divorce, take the following steps to avoid letting your social media activity be used against you:

  • Avoid social media – Since anything you say online can be used against you in court, it is wise to stay away from social media until your divorce is final. In addition, tell your close friends and loved ones to avoid discussing your business online.
  • Don’t rely on privacy settings – If you can’t help but clear the air on social media and you feel confident your privacy settings will safeguard your thoughts, you are mistaken. Mutual friends, both you and your spouse share, may still be able to see the contents of your accounts and relay them back to your spouse.
  • Only speak to your lawyer about divorce matters – If you use social media as some type of support system, you should instead only discuss your case with your attorney. Don’t even use private messages to speak about your divorce.

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