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Can Social Media Be Used Against You in a Divorce?

On Behalf of | May 17, 2019 | Divorce

Can social media be used against you in a divorce in Carlsbad or anywhere in North County San Diego?  Divorce today can be much more complex.  Technology and social media actually creates evidence that can be used against you in divorce court.  For this reason you should be very careful when using any sort of social media or technology such as a cell phone or email.

Did you realize that anything you post online, send in a chat or email can be used against you in the divorce?  You may believe your online accounts at Facebook, Instagram, Snapchat or private messaging services attached to these accounts and others such as Linkedin are secure.  They simply aren’t.  And after decades of experience in Carlsbad divorce cases we can tell you there is no such thing as “private” in this day and age.

It is surprising how often information from supposedly “private” online and technology sources winds up in the wrong hands and before us in Court.  If you are not perfectly comfortable with a Judge, your religious leaders, the local news station, your ex, your children, your friends or family or anyone else reading whatever it is you are writing or posting then you shouldn’t write or post.

Cutting back on all social media is an excellent strategy during a divorce.  If your ex tries to draw you into a texting or e-mail battle turn your cell phone or computer off and walk away.  It could actually be a strategy to get you to take actions that can be used against you in child custody, or many other aspects of your divorce settlement.

California law generally starts with a fairly equal division of all elements within the separation agreement.  Why provide evidence that could lead to prejudicial findings against you based upon abusive communications or allegations of threats or domestic violence?  This communication can also be used to obtain a protective order against you.  It simply isn’t worth the risk.

Social media and all communications and online activities can hurt you in a divorce.  It can cost you money.  It can limit your freedoms.  It can disrupt your ability to obtain joint custody or parenting time orders.  Protect yourself.  Turn it off, post less and walk away.