Social networking has exploded in recent years, with millions of Americans and citizens around the world joining sites like Facebook, MySpace and Twitter, or even starting their own blogs. Mark Zuckerberg, the CEO and founder of Facebook, recently reported 500 million people worldwide are actively using Facebook to stay connected. Sharing information and photos with friends, family and long-lost classmates may seem like a great idea; however there are several inherent risks – and those risks are elevated exponentially when going through a divorce or child custody proceedings.
During divorce or child custody proceedings, the seemingly mundane details of your life can be misconstrued and even prove detrimental to your case. Social media posts and comments can be a gold mine of information for opposing counsel in family proceedings. Anything you post may be used as evidence against you, from status updates to pictures and everything in between.
Our recommendation to clients who are contemplating or have already filed for divorce or child custody is to terminate ALL social networking sites, Twitter accounts and blogs to avoid even the possibility of revealing information that may later prove to be harmful. However, if you choose not to deactivate social media accounts (or at a minimum temporarily abstain from using them), we recommend the following guidelines:
- Remove your spouse or ex-spouse, his/her friends and family from your “friends” list on Facebook and other accounts. Remember, even people who appear to be your “friends” may pass along posted information to opposing counsel. Also, be careful who you “friend,” as it may be a private investigator or someone who is aligned with your spouse or ex-spouse.
- Do not post any negative, derogatory or slanderous comments about your spouse, ex-spouse or his/her family and friends. These posts may be taken out of context when read to the judge or jury by opposing counsel. Moreover, such posts may lead to a defamation lawsuit against you.
- Do not post any negative comments about your children. Statements can be taken out of context and what was meant to be funny may not appear so in court.
- Do not change your status to “single” or “looking for a relationship” if the divorce is not final.
- Do not post photos or comments about yourself, family members or friends doing anything illegal, that might appear to be illegal, or is otherwise compromising.
- Do not post photos or comments about yourself, family members or friends drinking alcoholic beverages or appearing to be intoxicated. To a judge, this is not recreational fun, but irresponsible behavior.
- Do not post comments that include foul language.
- Do not post photos or comments about your significant other or anyone you may be dating.
- Do not post comments about your divorce or custody proceeding.
- Finally, and perhaps most importantly – NEVER post any comments about what you discussed with your lawyer!
Personal discretion and privacy is crucial when going through divorce or child custody proceedings and can play a key role in the judge’s decision. Keep the above tips in mind and always remember…if it’s on the Internet, it’s there for the world to see, and virtually impossible to erase.