Did you realize that social media can damage your San Diego divorce case? What policy should you adopt toward social media, and in fact all communications, if you are facing a divorce in San Diego?
It may not surprise you to learn that relationships on social media are a root cause of many divorces across California. What may surprise you is the impact social media can and will have on a family law case.
If you are considering or beginning a divorce in San Diego, or presently have child custody and parenting time orders in place you need to give serious consideration to your activities on social media. Social media is a valuable source of evidence in family law cases. The old saying “a picture is worth 1000 words” is magnified by the comments added by those who post to social media. Your posts and the pictures they contain on social media can damage your San Diego divorce case.
California family law has established that private information on social media sought in the discovery process of a divorce may be obtained if there is probable cause the access will lead to genuine discoverable evidence. Many people believe a “private” social media account is safe and protected from the legal process. Imagine their surprise when all of their private activity (as it relates to the divorce, child custody and parenting time and or property division) is laid bare before the Court and becomes a part of the public record!
Social media can damage your San Diego divorce case by providing valuable information about your lifestyle (standard of living). This can help to establish the basis for an increase or decrease in child support and/or spousal support. What are some specific examples of how social media can be used against you?
- Updating your relationship status can be used to request modification or elimination of spousal support and/or child support.
- Posting pictures of being out in a bar while you are the active parent (have physical custody of your children) in a shared parenting case
- Consistently missed parenting time due to “work” is proved to be neglect as social media posts show you were actually out on a date or partying with friends during your scheduled visitation time.
- Pictures of an expensive vacation or even a new vehicle can be used to seek increased support payments.
- If your kid sends inappropriate photos to other classmates or posts questionable content to social media it can bring your suitability as a parent into question in a custody and parenting time case.
This is why you need the advice and counsel of the Certified Family Law Specialists at Burke & Domercq. We provide insight into how to protect yourself and your private life and to develop strategies for social media and all communications with your former spouse.