Every day, more people sign up for social media accounts on sites like Facebook, Instagram, Twitter, and LinkedIn, among others. While these sites can be useful for staying in touch with friends and family, and even be useful for professional networking, they also pose a significant risk to anyone involved in a lawsuit. People dealing with divorce, in particular, need to be careful about what they post on social media, because anything they post can, and will, be used against them.
Defining Social Media
The term “social media” refers to any website where people can post messages, images, or videos online to connect with other people. Some of the most popular websites, like Facebook and Twitter, have hundreds of millions of active users at a given time, spread across the world. These websites allow people to give real time updates on their thoughts and opinions, as well as their personal activities, sometimes as they happen.
How Social Media Can Become a Problem
What many people do not realize when they post on social media is that anyone can see what they are posting, especially if they have a public profile. While this is fine if you are simply looking to reach out to friends and family, this can become a problem if you are looked up by the spouse you are divorcing. What seems like an innocuous post can become a serious issue, with you suffering potential legal consequences as a result.
The Possible Consequences of Irresponsible Posting
First, the posts themselves can become problematic, and may potentially be taken out of context to damage your image in front of the judge. Pictures and videos of partying or drinking, for example, can be seen as a sign of irresponsible behavior by a judge. That can negatively impact you when the judge is making determinations about things like child custody or visitation rights.
However, even if your posts themselves are innocuous, data can be taken from your social media posts to damage your case. Information about the time and location of where a post is made can become potentially damaging evidence in court. For example, a picture taken out at a restaurant with friends can seem fine, unless it shows the picture was taken on a night when you were supposed to be watching your children.
What People in a Divorce Should Do
If you are getting divorced, or are seeking a divorce, you should carefully limit your social media activity. Making your social media accounts private can help, but ultimately you cannot trust that anything you put online will not make its way into the courtroom. While being careful about social media use will not make your case on its own, it is a good way of preventing a potential disaster.
If you have questions regarding spousal maintenance or other aspects of family law, you should seek advice from an attorney experienced in handling these matters. A New York matrimonial lawyer, who is experienced in handling family law cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute related to the equitable distribution of property, child custody, child support, or any other family law issue, contact the Suffolk County family court lawyers at McGuire, Peláez and Bennett at (631) 348-1702, or visit our contact page.
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