The way people communicate has completely changed in the last five to ten years. Aside from text messages and emails, social media has become the new norm. Facebook, Twitter, Instagram, LinkedIn, Tik Tok, and so on are a great way to stay connected with family and friends, network with other professionals, or be creative. The danger arises when social media and the courts intersect.
Social media is by its very nature public and is considered discoverable in the courts. If you are going through a separation from your spouse, having difficulties co-parenting, or facing any other sort of domestic issues that could or will lead to filing an action with the Court, it is very important that you are mindful of what you are posting online.
This applies even if your social media accounts are restricted from public view and on what others are posting about you. You need to be mindful of what you are “tagged” in, what you are “tagging” people on, and what third parties share with you on various social media platforms.
More and more we are seeing lawyers rely heavily upon social media to further their client’s divorce (could also be other kinds of family law cases)cases. Social media posts can make or break family law cases because people tend to overshare. Here are some examples of ways social media can cause problems in the family law courtroom:
Pictures, videos or texts announcing the purchase of a new car, boat, house or significant asset for yourself and/or significant other can be used to prove the ability to pay alimony, child support or attorney’s fees and costs.
Social media posts related to partying, drinking or drug use are damaging and particularly more so when the ability to care for children and make important decisions on their behalf is at issue.
Announcing a new job, business venture, or professional milestone on social media can be used against you if you have not previously disclosed this information or be used to show several streams of income to pay support or attorney’s fees and costs.
The examples are just a few of the many ways social media posts can be tied back to your case. By now, you may be thinking that you can just “scrub” your accounts. Not so fast! Once you have an ongoing family law dispute pending, any removal of negative content can be viewed as the destruction of evidence potentially resulting in legal repercussions.
Before you post, think to yourself, “Is this something that could be used against me in a negative way now or in the future? Or, could this post impact the outcome of my case in court?”
Most importantly, ask yourself, “What would a judge think about this post if they were to see it?”
We invite you to contact Yaffa Family Law Group to schedule a consultation by clicking here or call (561) 276-3880. Our divorce lawyers represent clients throughout Broward and Palm Beach Counties.
About the Yaffa Family Law Group
The Yaffa Family Law Group is a boutique law firm known for a range of specialized capabilities. We provide empathetic help for people going through divorce and struggling with family law issues.
Our firm embodies a unique philosophy. We’re dedicated to the intense, systematic study and practice of law, and deeply committed to helping our clients achieve wellness and peace of mind.