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Private Lies: The Danger of Social Media in Divorce/Family Litigation

The marriage of divorce (or other family law litigation) and social media is a big mistake. If you’re involved in a divorce, or other family law litigation, the combination of the two should be avoided.

Family and close associates have always supported their loved ones as they go through a divorce or other family law litigation. And friends on Facebook, Twitter and other social media platforms are ever-present to share woes and spread the news if your date last night went well. But such postings on social media can come back to haunt you in Court.

In 2010, a survey by the American Academy of Matrimonial Lawyers (AAML) found 81 percent of its members reported a jump in use of evidence from social media sites like Facebook. By 2013, the AAML reported 59 percent of its members noted an increase in evidence in divorce cases and other family law cases that were taken from online dating websites, with named as a primary source.

Protect yourself by staying out of the social media spotlight during your divorce or other family law litigation:

  • Do not write or post anything online that could cast you in an unfavorable light during a divorce, custody or other family law proceeding. This means that you should not post pictures of your new partner, your fabulous vacation, or unkind comments about the other party in the case, or anything related to the divorce or other family law issues, the other party, or even the other party’s lawyer.
  • Do not lie or mislead on online dating websites. Misrepresentations made about your marital status, children, income or other details can derail you in a divorce or other family law proceeding.
  • Consider staying off social media until your divorce or family law case is over.

Before you post something online, think to yourself: “Would I want the Judge in my case to see this?” If not, then don’t post it. The same holds true for voicemail messages, emails and text messages between you and the other party.

Sharing your life and times with others helps during the stress of a divorce or other family law litigation. Just make sure that what you share does not come back to harm you in Court.

Speak with an experienced attorney in Jacksonville when you have questions about social media and divorce or family law litigation.

Florida family law attorney Andrea Jevic also contributed to this blog post.

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