What do Facebook, MySpace and Twitter have to do with my divorce?
Next time you update your Facebook status, post pictures on MySpace, or Twitter about your day, remember that the things you post on social networking sites might be used against you during your divorce. Facebook, MySpace, LinkedIn and Twitter are amazing tools that help us stay in touch with old friends and connect with new acquaintances, but they are also evidentiary gold mines for divorce attorneys. If you aren’t careful, your spouse, their friends, or their attorneys can comb through your networking pages and find valuable information to use against you during your divorce.
For instance, if you publish pictures of yourself after partying at a Fort Lauderdale nightspot, such photos may be used against you. Pictures of lavish vacations you have taken or gifts you have given to a new love-interest may affect the distribution of assets in a divorce. If these luxuries were purchased with marital funds, a judge may even decide that your portion of the divorce settlement should be lowered. If you utilize social networking sites, it is important for you to monitor what you post and what others post about you—your spouse’s lawyers might be searching posts made by your friends, your girlfriend, or your family members to find information they can use against you.
Child custody can also be influenced by what can be found on Facebook. Photos and posts can be offered as evidence to prove that granting custody to one parent is not in the best interests of the couple’s children. Pictures that show a parent drinking heavily, acting irresponsibly or using recreational drugs can greatly influence the judge’s decision on custody. Think twice before posting any questionable pictures online and err on the side of caution—an innocent night of adults grabbing drinks can easily portrayed as something else by your spouse’s attorney.
Websites like Facebook are extremely popular because they allow their members announce their opinions to the world. Groups like “I hate my ex-husband” are abundant and offer angry spouses a forum to vent their frustrations. There's little that you can do to stop your spouse from complaining about you online, unless there are children involved. Family-law courts routinely issue restraining orders to prevent one parent from disparaging another to a child. Because children often use the same social networking sites as their parents, courts often view public disparagement via social networking site as a violation of these orders.
Even if you block your spouse from viewing your networking pages, assume they can view your information through a mutual friend or family member. Play it safe and don’t post anything online that might hurt your chances in divorce court.
