Can You Use Facebook For A Divorce?

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By Megan Sheppard


Ever since MySpace and Facebook launched on the Internet, an ever growing amount of the population has turned to social media to share everything from pictures to status updates. Even here at Minick Law, P.C. in Gastonia, NC, we use a variety of social media websites and applications to connect with prospective, current, and past clients. However, with this rampant use of social media, how much sharing is too much? Specifically, how can social media affect my divorce?

Because social media has grown so quickly and spread to so many, people often believe that their information is, in some way, kept private or only available for public use in a limited way. This is not the case. As a general rule, everything you post or share is easily accessible with the right expertise and tools. Furthermore, most Terms of Use on social media platforms state that information shared on those platforms (i.e. Facebook, Twitter, Google+, Linkedin, Snapchat, etc.) is not yours to own and is not considered private.

These "terms of use" and their public nature apply also to the divorce process. Many people turn to social media when they're going through divorce because it truly is an emotional and stressful process. So, they use social media to vent, to seek advice, and, often, to speak negatively about their spouse. This last one can carry with it serious consequences. Negative posts, explicit or incriminating images, and many other types of material are found, saved, and brought up in court. This kind of information can be detrimental to you in your divorce case.

Lawyers too search on social media for information that might be beneficial in a divorce. Your "friends," your posts, pictures, "check-ins" at certain locations, "likes," profile activity and page views-all these can be used as evidence in your defense or against you.

Social media can and does bring us together, yes. But it's important to remember that the information you post or share on there is public information. You should adopt the attitude that everything you post online could one day show back up in your life-especially in the courtroom. As a general rule, you should avoid posting negative things about anyone, especially spouses, because it could be used against you in your divorce, separation, alimony or child custody case.




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