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Social Media and Divorce

Posted in Divorce, Family Law on Tuesday, May 4th, 2021

More and more, we turn to social media to share our joys – and our sorrows. Divorce generally isn’t an exception to this rule. While social media can be a balm for difficult times, there are considerations to keep in mind when you’re going through a divorce. Before posting everything that pops into your mind during the course of your divorce, think carefully about what the implications might be. Divorce is a complicated legal concern, and because your divorce terms are so critical to your financial future – and because they guide your parental rights – it is in your best interest to consult with an experienced Joliet divorce attorney

Your Posts Are Fair Game

In the early days of Facebook, users’ concerns, such as they were, focused on how their posts might affect their employment. Now that social media platforms have proliferated and become an integral part of the social landscape, it’s clear that our posts can affect far more than just our careers, including court cases (civil, criminal, and divorce). 

Courts systematically uphold evidence procured from social media posts. Because the information is made public – usually regardless of how private you believe your settings are – the information therein is considered fair game. In fact, social media posts have played pivotal roles in the outcomes of many divorces. 

Ultimately, you do not want your posts to send an inadvertent message (which social media posts are notorious for doing) or to hint at something that you would prefer not to be examined in your divorce case. If you give posting a pass throughout your divorce, you won’t have to concern yourself with this issue, and when it comes to divorce, having fewer concerns is a good thing. 

It Works Both Ways

While your social media activity can be used against you in your divorce, the same is true of your divorcing spouse’s activity. Some of the most common ways social media posts come into play in divorce include the following:

  • Hidden Assets – If your ex is posting pictures or texts that hint at living a lavish lifestyle, it is a good idea to pay attention. Vacations, new vehicles, and other luxury purchases can be indicative of spending down marital assets (or of having assets you might not know about in the first place). 
  • Risky Behavior – If your divorcing spouse posts pictures of himself or herself engaging in risky behavior around your children that causes the court to question his or her ability to parent responsibly, it can affect the judge’s decisions regarding child custody arrangements. 
  • Electronic Messaging – It’s not just social media posts that come into play in divorce proceedings. Texts, emails, DMs, and messaging through social media platforms all have the potential to be scrutinized, and they sometimes tell a very compelling story. 

An Experienced Joliet Divorce Attorney Can Help

The dedicated divorce attorneys at Sabuco Beck, P.C.,  in Joliet are committed to skillfully employing their impressive experience in pursuit of your case’s most favorable terms. We’re on your side, so please don’t hesitate to contact us for more information today.

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