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The Dangers of Social Media in a Carlsbad Divorce

On Behalf of | Sep 3, 2021 | Divorce

What are the dangers of social media in a Carlsbad divorce?  In this day and age, it is an everyday occurrence to update your status, share a photo, or keep tabs on your friends through social media.  Instagram, WhatsApp, Facebook, Messenger and social media apps are all tools which allow us to quickly catch up on or follow what our friends and family are doing while telling them what’s happening in our own life.

Social media is also an outlet for sharing what you are going through, seeking emotional support, and venting frustration.  It is this aspect that often becomes problematic when couples are either contemplating or pursuing a divorce.

What are some of the dangers of social media in a Carlsbad divorce and why should you give consideration to developing your own specific policy for if, how or when to post before and after a divorce?

Judges are becoming much more comfortable admitting social media entries as evidence.  If there is a likelihood of relevant insightful evidence it is even possible to gain access to “private” social media accounts and text strings during the process of discovery in a divorce.

It is not difficult for one to imagine how this can lead to judges reviewing less than polite messages from one parent to another while determining which of them or if either of them is equipped to co-parent.

The old saying “a picture is worth a thousand words” definitely applies to social media.  You easily can imagine the impact of the wrong video in a court proceeding.

The dangers of social media in a Carlsbad divorce include pictures of the client or their spouse out drinking, obviously intoxicated, at a night club, or with drug paraphernalia (usually “not mine!”) on a day when they have parenting time or custody of their child.  What about pictures of a new partner around the children?  These can be very problematic for the person who posts them.  This is especially true if there are allegations of these things create issues surrounding the child’s well-being, parenting, or if one side claims these activities contribute to the financial issues of the pending divorce.

There are variations of course, but our attorneys have encountered and legally uncovered enough evidence through social media to know that our clients need to be much more cautious.  With that said, our warning to Carlsbad divorce clients is pretty simple, if you don’t want a judge to see it, your kids to read it some day, your co-workers or pastor to see it or neighbors to know about it don’t post it or allow it to be posted.  Learn more about the dangers of social media in a Carlsbad divorce.