Jenette M. Schwemler, PC

Is Facebook YOUR Friend?

Probably not, if you are in the middle of a contested divorce

Filed in Divorce, on July 25, 2018

Is Facebook YOUR Friend?

If you are going through a divorce, the answer is simple:  No.  Lawyers often turn to the cheapest and easiest source to obtain “dirt” on the opposing party, which are the popular and widely used social media platforms of Facebook, Twitter, Instagram and YouTube.  

A picture says a thousand words, right?  A picture posted on Facebook or Instagram not only says a thousand words, but can also pound a thousand nails into the coffin of your divorce case.  Pictures can help to prove you utilized marital assets for a non-marital purpose (“dissipation”).  Every time you post a photo, you are giving clues as to where you are, who you are with, what you are doing and what your interests are.  And remember, it doesn’t have to be you that posts the information.  If a friend on Facebook posts a picture of you and does not have the proper privacy settings engaged, that post will be available to everyone who visits that person’s Facebook page, friend or not.  

Every time you “check in” (give a location of where you are) on a social media platform, you are announcing where you are and giving good insight about what you are doing and the time you spend doing it.  If there are issues about who you allow the children to spend time with or what you do during your parenting time, “checking in” on social media platforms is probably not a good idea.

Nothing is more frustrating for a client (and his or her attorney) when he or she sees a social media post showing the opposing party or the children with a new boyfriend or girlfriend.  You may be excited about your new interest, but I have personally seen agreements allowing joint decision making for the children tank over these kinds of posts.  If the agreement tanks, you are in for paying more attorneys fees in litigation.

Before you decide to announce to the world that you have a new love or that you’ve been jet-setting around with someone new, think carefully about how it might negatively affect your divorce.  



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