Insight

Social Media + Divorce and Custody Cases = Bad Things

Social Media + Divorce and Custody Cases = Bad Things

William F. Neal

William F. Neal

February 1, 2021 03:59 PM

Some of us love Facebook and Twitter, to a lesser extent.. I know I do. I have enjoyed catching up with people I knew as a child, keeping up with current friends and what is going on with them, and what is happening in my professional life. Folks post everything from what they are eating, where they are, or what is currently happening with them. Including their litigation.

What I have found is that a lot of people give too much information about their personal lives on Facebook. As a family law attorney, it has become a treasure trove of information if you are going through a divorce or custody case. Here are a few things you should consider if you are going through a divorce or custody case that I have experienced that you should or should NOT do.

First, you should delete any pictures you have posted while you are out getting your drink on with friends. I had a client that posted a picture on Facebook of her in front of a tap on her knees drinking from the tap in a bar. Really? Her husband was contending she had a drinking problem. Take down any pictures of you drinking or partying. You really should not post this kind of pictures anyway if you have children.

Second, don’t badmouth your spouse or ex on social media. Don’t discuss your case. In any form. I had a case where the opposing party was discussing pending litigation on Facebook and was referring to the Mother of his child as Sasquatch. The Judge was not amused. Just don’t do it.

Third, if you are married, don’t take pictures of you and your paramour on vacation. Yes, this happens. Amazing.

Fourth, don’t disparage the Judge in your case. An opposing party in a case I was involved in disparaged the Judge after his ruling against them. Not smart.

In summary, be careful what you post on Facebook or other social media. Judges are fine with your posts being printed out and admitted into evidence. What you post can and will be used against you. I hope you and your attorney take this blog to heart.

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