We are often asked “What do I need to know about social media during a Carlsbad or North County divorce?” Social media has obviously become part of the social fabric of our society. Especially in times like these where we are mostly confined due to COVID-19, social media is significant part of staying connected with friends, family and the world.
Each day most of us share what has happened in our day, birthdays and important events, sharing things we think are funny or important. Social media is an integrated part of our daily life and routine.
However, what you need to know about social media during a Carlsbad or North County divorce is that it can and will be used against you during your case. The National Law Review recently reported 81% of attorneys use social media as part of the evidence they present in a divorce case. 66% of divorce attorneys begin with Facebook, followed closely by Instagram, twitter and snapchat.
You may think your content, messenger conversations and social media activities are private. The simple fact is they are not and the information contained within your social media accounts can and will be used against you during the divorce.
All divorces in California are considered to be the result of irreconcilable differences. You don’t have to prove a reason such as infidelity for the purpose of seeking a divorce. However, evidence of infidelity such as social media posts and communications may absolutely affect spousal support as well as child custody and parenting time. Evidence of drug use, alcohol abuse or other patterns of harmful activity may also be used in an attempt to prove one is an unfit parent.
The Certified Family Law Specialists at Burke & Domercq advise our clients with all they need to know about social media during a Carlsbad divorce as well as strategies to help them to accomplish their goals and objectives. If you are considering the end of your marriage or are in the process of a divorce you should consider avoiding all social media until your divorce is completed.