DIVORCE AND SOCIAL MEDIA

Once something is online, or captured in social media, or even via a text, the evidence of it can live forever. It’s a consideration we all should take into account, and can play an even bigger role if you are getting divorced.

DIVORCE AND SOCIAL MEDIA

This fact is something that Anthony D. Weiner, a former congressman, and Huma Abedin, a top aide to Hillary Clinton, are dealing with now. You might remember Weiner from his sexting scandal. This last August, Abedin announced she was seeking a legal separation. A following federal investigation into Weiner’s digital behavior revealed a number of messages, including some belonging to Ms. Abedin.

It’s a common story in divorce.  “The problem is, once they’ve already engaged in bad behavior, it’s out there,” said John Slowiaczek, the president-elect of the American Academy of Matrimonial Lawyers. “You can’t recapture it, you can’t bury it.”

Regardless of a person’ technical prowess, it can be difficult to hide our digital behavior. As part of divorce proceedings, it’s not uncommon for lawyers to mine public social media profiles as a way of painting a picture of their client’s spouses.

And the search doesn’t just stop at social media. Lawyers often sift through any data that can be legally obtained as a way of looking for signs of hidden assets or lies. While lawyers typically focus on financial and child custody decisions, it’s not uncommon for them to want to paint a vivid picture of the spouse they are going up against.

According to Brook Schaub, a forensic analyst and licensed private investigator at the accounting firm Eide Bailly, a computer “tells you everything about a person’s character.” It has “become the file cabinet, the stationery, the social networking, the everything,” he said.

And that data can become publicly available.

WHAT TO DO

If you are facing divorce, there are a number of things you should do to protect your information and privacy. Here are some tips:

• create a new email account
• stop sharing calendars with your spouse
• turn off the ability for apps on their phones to track their locations
• change your security questions
• be wary of what you post on social media
• do not delete photos, texts, or social media – it can be considered destruction of evidence
• work with a divorce lawyer

TAKING TO SOCIAL MEDIA TO DISCREDIT SPOUSE

It’s not an uncommon practice for exes to take to social media to lash out against their ex-spouses. The practice can feel liberating and freeing but there can be serious consequences for doing so – and not just emotional, but also legal. As the saying goes: If you can’t say anything nice, don’t say anything at all. This should perhaps be your mantra when it comes to deciding whether or not to diss your ex on social media. Letting it all out on social media can actually lead you right to court for not only libel, but also a heavier judgment in divorce court. “You give up so much privacy, and if you don’t understand the consequences of it, you can really have problems,” says divorce attorney Adam Swickle. “The Internet is a dangerous place to comment on your divorce.” According to a 2010 survey done by the American Academy of Matrimonial Lawyers, 81% of their members agreed that they had seen an increase in the number of cases that involved evidence found on social networks.

CONSIDERATIONS

If you’re a huge social networking fan, and also a fan of airing your dirty laundry on the sites, and you’re also in the midst of a divorce, there are some things you’ll want to consider: , it’s important to realize the wider reaching aspect of social media. Sure, posts can be deleted, but they can still live on in people’s memories. Would you want your child to read something damning about you? Most likely not, so why damage their relationship with your ex by posting something that is, or maybe isn’t even true?

WORKING WITH A DIVORCE ATTORNEY

If you are facing a divorce, you should work with a divorce attorney that can take a look at your specific situation and give you advice based on it, rather than approach it with a one size fits all mindset. Your specific situation will be particular to you and your marriage and the way your life was set up during the marriage. This might mean major financial decisions regarding retirement funds, property, child support and custody, and alimony. A divorce attorney will work with you to help you decide how you want to tackle these elements of your marriage and divorce, while also providing guidance and support. They will be able to lead you through the process while keeping you from procrastination and caving into pressure. They’ll also be able to help ensure you meet all the required timelines while ensuring that you get a fair case and trial should you need to go to court. Lastly, they’ll be able to help you find the freedom and new life you are seeking – one that is entirely on your terms. For advice on divorce, you need the expert law firm of (619) Divorce.

SCHEDULE A FREE CONSULTATION TODAY

For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today.

(619) DIVORCE
225 Broadway
San Diego, CA 92101
Phone: (619) 431-3131