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Tuesday, January 20, 2015

Can You Use Facebook For A Divorce?

By Megan Sheppard


Ever since MySpace and Facebook launched on the Internet, an ever growing amount of the population has turned to social media to share everything from pictures to status updates. Even here at Minick Law, P.C. in Gastonia, NC, we use a variety of social media websites and applications to connect with prospective, current, and past clients. However, with this rampant use of social media, how much sharing is too much? Specifically, how can social media affect my divorce?

Social media is, as its title suggests, social and, therefore, intended to be public. Many people believe that their profiles and accounts are protected in some way. This is simply not the case. In general, any information you post or share on most social media platforms is public information. In fact, the Terms of Use on most platforms explain that information shared there is not yours to own and is not considered private.

The privacy problems with social media also extend to divorce proceedings. Because the divorce process can be a difficult and contentious time, emotions and stress tend to run high. In dealing with these problems, potentially damaging statements can be made without thinking. More often then not, many people wind up posting negative messages or content on social media about their divorce. Typically, this is done to vent or to get opinions from there friends. However, this posting is not just between friends. It can easily be found, saved, and later brought up in court. This evidence could then harm your chances in everything from your separation agreement to child custody.

Social media has also become an effective tool for divorce lawyers to gather evidence of affairs (or some other kind of infidelity) by one of the spouses. Friends lists on Facebook, Google+, or Twitter, pictures on Snapchat, visits to certain profiles on the Internet or physical places-all these can be tracked and used as incriminating evidence that you are cheating on your spouse.

As it can be seen, the use of social media can produce a lot of information that an individual may not want to become public. Because of this, you should adopt the attitude that everything and anything you post on the Internet could one day show up at any time - especially in court. As such, when going through a divorce, you should generally avoid posting anything relating to your divorce or your spouse as it may negatively affect your case.




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