Family Matters.
When It Really Matters.

What You Say Write or Post Can End Up as Evidence in a San Diego Divorce

On Behalf of | Oct 27, 2021 | Divorce

Did you know that everything you write say or post can end up as evidence in a San Diego divorce?  Most people are simply not thinking about the issue of texting, emailing, leaving a voicemail or posting to social media when it comes to their divorce.  The problem is, they should be.  This is especially true in a contested divorce.

Look, it is quite normal for couples who are heading toward or going through a divorce to have disagreements, argue, and things are often said in the moment without consideration or thought.  The Certified Family Law Specialists at Burke & Domercq help our clients to become aware of these risks and develop strategies to limit the opportunity for fresh evidence to be provided to a former spouse and opposing counsel.

It may also surprise you to learn that everything you write say or post can end up as evidence in your divorce even if it was several months or years ago.  Social media posts can be deleted, but the electronic trail is often present and available to be mined and used against you in Court.  Images posted along the way can be used to paint you into a corner in an effort to define your character and question your capacity or ability to effectively parent (for example).

This is not to say that you should rush to social media and start deleting posts and imagery.  The attempt to delete sensitive information can be twisted to persuade the Court you have something to hide.

So, what are you supposed to do?  The first step is to simply be aware that anything you say, write or post can end up as evidence in your San Diego divorce.  This is especially true in issues concerning child custody and parenting time. The next step is to consult with the Certified Family Law Specialists at Burke & Domercq to discuss potential issues associated with public (witnessed) outbursts, texts, voicemails, emails and social media posts.  The final step is to develop and implement a strategy to short-circuit anger as it is developing and prevent any future communications or posts which might harm your interests.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.