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Using social media in your divorce or child custody case

On Behalf of | Sep 7, 2021 | Custody

Whether you’re facing confrontation over property division or child custody, your and your spouse’s behavior matters. Evidence of excessive partying or driving a boat that was never disclosed could change the legal course of these disputes. This means that you need to be careful about what you say and how you say it, lest your words be taken out of context and used against you. While it’s important that you remain cautious in these matters, you can’t overlook the opportunity to gather evidence to support your position, especially when it comes to social media.

Using social media to your advantage

Social media pervades nearly every aspect of our lives. That could be helpful to you in a number of ways. So, if you can, be sure to monitor your spouse’s social media to see if he or she is making posts that could be damaging to his or her case. This might include posts that serve as evidence of infidelity, hiding or squandering assets, or acting in a way that would be contrary to your child’s best interests. If you see one of these posts, do your best to capture a screen shot or print it out so that it’s easy to tell what the post actually is and who posted it. This can go a long way toward helping you reach the outcome you desire, whether through negotiations or litigation.

Be prepared to defend posts

Our social media histories can be long, and there might be some content that doesn’t portray you in the best light. You might be able to keep some of these posts out of evidence if they aren’t relevant to issues before the court, or you might be able to provide some context that minimizes their impact. The important thing to do is to be prepared and anticipate what the other side is going to try to use against you.

Taking a holistic legal approach that is ethical

Social media posts can be powerful evidence, but they also open the door to underhanded plays that so often plague family law cases. That’s why you’ll want to toe the line between being aggressive and being unethical. You should only access posts in a fair and honest fashion without coercion or fraudulent acts. Doing otherwise could land you in trouble.

That’s why it’s best to work on building your holistic family law case with the help of a legal professional. Skilled teams like ours stand ready to assertively prepare your case and give you the best legal representation possible under the circumstances.