In an era of technology, social media has taken center stage in many of our lives, with over 45% of the world population using a social network. Facebook, Twitter, Instagram, and even YouTube have changed how we socialize, communicate, do business, date, and divorce. Not only have these platforms become an avenue for infidelity but also a way for attorneys to collect evidence to be used in divorce litigation. In fact, according to The American Bar Association, approximately 21% of family lawyers use social media to collect evidence.
Social Media in Divorce
As social media and Facebook grow in popularity, people document every aspect of their lives, including how much they earn, where they go, who they are with, and when they are doing things. Unsurprisingly, this information could lead to issues within a marriage; Jason Kraftsky has even written a book titled “Facebook and Your Marriage.” Cheating can come in many forms, both physical and emotional; Kraftsky states that cheating can take place in just a matter of clicks for some. The dangerous part for anyone going through a divorce is that this information is all PUBLIC, often to those who follow you and even the other party’s divorce attorney.
How It Can Be Used
A digital footprint is your unique set of traceable digital activities, actions, contributions, and communications manifested on specific platforms easily accessible to anyone. When you like a post, comment on someone’s page, or check in somewhere, these actions taken on Facebook can be used in court against you given the right circumstances. In previous divorce litigations, evidence from social media has been used to disprove claims of permanent disability, find hidden assets, prove if a parent is fit for child custody, and even uproot incriminating activity. So what can you do to keep social media out of your divorce?
What To Do
Lay Low. During your divorce proceedings, the best advice is to get offline, if not entirely deactivate your account. The soundest way to protect yourself is not to say anything; by deactivating your account, others cannot view the previous post either. If you have to have social media, whether personal or for work, be aware of what you post and realize that any activity can be used in your divorce proceedings. Clean up your “friends” list, and many spouses continue to follow mutual friends or friends/family of their spouse. If information is only shared with your friends, remember that some people may be reporting information to your spouse.
Laying low allows you to avoid the headaches of social media being used against you during divorce proceedings. By deactivating your account, you ensure that this information cannot be used against you from that point forward. Divorce can be ugly, but don’t let it be any more ugly than necessary. Contact our divorce lawyer in Phoenix, Adam Weingart, for a Free Consultation to get answers today.