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Social Media And Your Divorce

In today’s culture, Facebook, Twitter, Instagram and other social media and professional networking sites and applications have become a big part of how people interact with each other. Profiles are constantly being updated with shared information about our lives, jobs, etc. When a husband and wife going through a divorce are sharing this information on social networks without considering the potential consequences, it can be detrimental to the already existing stress that comes with the breakup of a marriage. The divorce process is full of stressors including legal, financial, and emotional battles between both parties, and the use of social media doesn’t make it any easier.

Be careful about who you trust on your social media profiles. Not every “friend” is a friend, and sometimes a message you thought to be private turns out to be public information that can be used against you. When posting on your social networking profiles, keep in mind the mutual friends of you and your former spouse. Some of these friends might be on your side, but some of them can easily turn on you or use information on your profile against you when taking the side of your ex, all because of something you may have posted on Facebook.

Information exchanged via technology such as emails or text messages can possibly be subpoenaed and picked through as admissible evidence in court. In many cases, one or both parties of the divorce process will claim to not have enough money for child support, spousal support, or other payments, but their Facebook profile picture of them with a new boat or on a fancy vacation may prove otherwise. The credibility of any parties that do this can be called into question immediately.

Take a few minutes to reflect on the nature of your social media posts. It would be wise to not post anything on these profiles that you wouldn’t say in person to the whole world. Information on the Internet doesn’t ever just go away immediately if it’s deleted. Exercise caution, discretion and good judgment when updating your profile. Don’t be malicious or talk poorly about your ex, as this information can quickly be used against you.

Have a discussion with your former partner to formulate a sort of social media agreement. Such issues should be addressed like what kind of information should not be posted by either of you, can you post pictures of your kids, etc. Establish one kind of communication between the two of you, such as email, to create a lower risk of impulsive comments on various types of networks. One tweet or wall post can quickly generate irreversible damage and lead to much more conflict in a divorce proceeding than you expected. Many family law attorneys will also recommend to clients that it would be in the best interest of all involved in the divorce to shut down social media profiles at the start of the divorce process.

Divorce is hard enough, and a frequent online presence can cause big problems. It is important to discuss your online presence with a legal professional. Phoenix divorce lawyers at The Sampair Group will help you understand which information is worth protecting as you battle the issues in a divorce process. Contact us today to schedule a free initial consultation.

Do You Need a Social Media Clause in Your Divorce?

As social media takes on a bigger role in our lives, it’s not surprising that it may need to be addressed as part of your divorce.  There are several ways in which social media may need to be incorporated as part of a divorce.

 

Since anything you acquired during marriage is community property, your social media accounts may be included in that and you will want to make sure it is specified that you will each own your own accounts, as well as any content and photos you have used there.

In high conflict divorces, it may be a good idea to agree to a social media gag order, or to ask the judge to impose one. Because social media has such a big impact on professional lives now, having your spouse denigrate you in a public forum can be very damaging. Directing both spouses to refrain from commenting about the divorce or each can be a useful way to begin to defuse a very volatile divorce. It may be necessary to have this directive continue after the divorce has concluded as well.

Social media can also be a problem in a custody case. In this instance while it’s useful to prevent parents from mentioning each other on social media, it may also be necessary to seek an order directing a parent not to post photos of the couple’s children on social media if there are any issues with appropriateness. There may also be privacy concerns for children if their photos are constantly being posted, leading a judge to direct a parent not to publicly post photos.

When you need a law firm that is cutting edge and up to date on current issues in divorce and custody, turn to the Sampair Group in Glendale, Phoenix and Mesa, Arizona. Contact our office today.

 

 

Do You Need a Social Media Clause in Your Divorce?

As social media takes on a bigger role in our lives, it’s not surprising that it may need to be addressed as part of your divorce. There are several ways in which social media may need to be incorporated as part of a divorce.

Since anything you acquired during marriage is community property, your social media accounts may be included in that and you will want to make sure it is specified that you will each own your own accounts, as well as any content and photos you have used there.

In high conflict divorces, it may be a good idea to agree to a social media gag order, or to ask the judge to impose one. Because social media has such a big impact on professional lives now, having your spouse denigrate you in a public forum can be very damaging. Directing both spouses to refrain from commenting about the divorce or each can be a useful way to begin to defuse a very volatile divorce. It may be necessary to have this directive continue after the divorce has concluded as well.

Social media can also be a problem in a custody case. In this instance while it’s useful to prevent parents from mentioning each other on social media, it may also be necessary to seek an order directing a parent not to post photos of the couple’s children on social media if there are any issues with appropriateness. There may also be privacy concerns for children if their photos are constantly being posted, leading a judge to direct a parent not to publicly post photos.

When you need a law firm that is cutting edge and up to date on current issues in divorce and custody, turn to the Sampair Group in Glendale, Phoenix and Mesa, Arizona. Contact our office today.

Dangers of Talking About Your Ex After Divorce

Divorce Lawyer MesaIt’s very common for people to use social media, such as Facebook, Google+, and Twitter to vent about their divorces. The social network there can be very supportive. Some people even write blogs about their divorce, sharing with the world all of the ups and downs involved. Being able to share your feelings with your friends and acquaintances can be a great outlet. Unfortunately because of the public nature of these outlets, what you say could come back to bite you.

Everyone in this country is guaranteed free speech, but there can be repercussions based on what you say. If you write something untrue about your ex, you could be sued for libel. Slander is a similar situation, but involves things said verbally. It is much easier to prove a false statement that’s been posted on Facebook for the world to see. Truth is always a defense for slander and libel, but if your ex sues you for this, you will incur legal expenses proving what you said was in fact true. As tempting as it is to tell the world what your ex has done, sometimes it is just better to keep it to yourself and not risk a lawsuit.

If you and your ex are parents together, what you do impacts your child. If your child is not online now, he or she will be soon enough. Even if what you said is true, it can be hurtful for your child.

It takes a lot of energy to publicly shame your ex and while it can be helpful to talk with close friends on Facebook (using your privacy settings so no one else can see it), sometimes it is better to think about using your energy to improve your own life and future.

The Sampair Group provides experienced representation in all types of family law cases in in the Glendale, Mesa, and Phoenix areas of Arizona. Call our office today to discuss your case.

How Social Media Can Be Used Against You and Your Family Law Issues

divorce attorney Glendale ArizonaSocial networking sites like Facebook and Twitter are some of the most popular places on the internet for people to share not only links to interesting or humorous articles, but also personal information, feelings, etc. These sites can be fun to use when sharing stories, comments or photos, but sometimes people take it a bit too far and the content and other information they share with their followers can end up being used against them. This can be a big problem if you are someone involved in a family law case.

Some things to take into consideration before posting anything that can be used against you are that social networking sites are NOT private, even if someone doesn’t have full access to your profile; posted information is still available for anyone that may know you and your former spouse or parent of your child, such as a mutual friend, and even if you delete a post, it’s possible that it can still be found; information on these kind of sites are being used against people in legal matters more and more, especially when it comes to family law cases.

Privacy
If you are a member of a social networking site such as Facebook, chances are you have multiple friends, maybe even hundreds, on the site. Even if a person is not your friend online, it doesn’t mean that they don’t have access to your information through anyone else. Don’t forget that anything you post can easily be printed off or taken as a screen shot by someone viewing your profile. This content can then be reproduced and shared with others that may be blocked from accessing this information previously.
Some of these sites also may have security breaches, and with any online site you always run the risk of getting hacked.

Deleted Content Isn’t Actually Gone Forever
Electronic archives are increasingly being used in family law cases. These archives show what a social networking site used to look like on a certain date, even after the site has been changed, and courts are allowing this archived information to be used as evidence in family law cases.
One of the first things a family law or divorce attorney is likely to do is an Internet search of all parties involved. This includes a search of social networking pages for both sides. There is a lot of evidence that can be gathered through this search that could be used against a parent and used against them in order to put them in a negative light.
Just because you have deleted content from your feed doesn’t mean it’s actually gone. So think ahead before posting something that could potentially be used against you.

Social Media Used In Court
Photos
In family law cases, attorneys may often do an online search of the opposing side to find photos of them practicing inappropriate behavior that could hinder their chance at getting the custody they want of their children. Photos of a parent excessively drinking and partying could be used to prove that a parent is unfit to have full custody of their child or children. Attorneys have also been known to use photos of a parent’s possessions or big purchases in court to show that the user is in a better financial situation than they may have asserted in court documents.

Comments About The Other Parent
Quite often attorneys will use the comments that a parent leaves on their social networking sites against them to put a better light on their client. If one side is making comments or statuses about how much they like or dislike the other parent, the court may consider this as an inability to encourage a healthy relationship between the children and the other parent.
Other comments that could be used against a parent could be anything about the different behavior they take part in while not watching the children, including partying, drinking or doing drugs.
One should be very careful about anything they post on Facebook, even small comments, as they could be used against you in many ways and you could lose the benefit of having physical care of your children.

How far opposing sides will go to use social networking against the other party is different in each case, but whether you delete content or not, it is on the web to stay. All social networking users should take all of the necessary steps to preventing this content from being used against them. Your content may not intend harm, but it could come back to haunt you if you are to find yourself a part of a family law case. For more information on family law and how to stay protected, contact a Glendale divorce attorney at The Sampair Group today. Visit www.sampair.com for a free consultation.