Friday 16 January 2015

Does Social Media Affect My Divorce?

By Megan Sheppard


Social media has boomed since its takeoff with Myspace and it's rapid growth now through platforms like Facebook, Google+, and Twitter. The ability to stay in touch with friends and family through posts, pictures and shares is contagious. Here at Minick Law, P.C. in Gastonia, NC, our divorce lawyers use it frequently to stay in touch with our community of friends, business partners and, most especially, our clients. But here's the thing about social media: it's public. And though many people think that their posts, shares, and other types of information are privately protected by each platform, it's simply not the case. Most platforms, and any information contained therein, is public. If you are seeking or are in the middle of a divorce then yours and your spouse's social media activity matters.

With the growing use of social media, many people believe that the information they post is private and limited to the people that they share it with. Although this seems like a logical conclusion, in reality, the exact opposite is true. For the most part, everything you post or share is easily accessible with the right expertise and tools. Additionally, most Terms of Use on social media websites state that information shared on social media is not yours to own and is not considered private.

These same privacy problems found in social media apply to divorce proceedings. Divorce is a highly stressful and, often, emotionally unstable time which can lead to statements-through pictures, posts, or shares-being made without appropriate consideration of their consequences. Most of the time people take their stress or anger to social media platforms and post negative messages about their spouse. Unfortunately, this information is not private and can be found, saved, and later brought up in court. This evidence is especially harmful to you in separation agreements and child custody cases.

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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