In the United States, social media usage is continuing to rise across all age groups, according to the Pew Research Center. The typical American uses at least three of the following social media platforms: YouTube, Facebook, LinkedIn, Twitter, Instagram, WhatsApp, Pinterest, and Snapchat. As virtually any lawyer will warn a client, it is best to stay away from social media during legal proceedings. This is particularly true for those going through a divorce or a child custody dispute.
Online Posts Can Be Used Against You
During the divorce process, social media can be used to uncover evidence that may be used against either party. For example, a father’s lack of judgment may be shown by an Instagram picture of him driving with an open can of beer in the car, or a wife’s extravagant vacation spending may be gleaned from a Facebook post. The former could be used to argue that the father should have limited parental responsibilities or parenting time, while the latter could be used to refute the wife’s argument that she does not have the means to pay spousal support.
Regardless of whether you are still living with your spouse or the two of you are no longer under one roof, you will likely want to reduce your social media presence during your divorce proceedings. In some cases, a social media post, comment, or picture may not be representative of your true character, or it may be taken out of context. This type of evidence can put you in a bad light, and it may be a factor considered by a judge when making a decision that is not in your favor....