Loveland Social Media During Divorce
How Social Media Might Impact Your Loveland Divorce
Any thorough and reputable attorney will do a cursory Google search to investigate both their clients and their clients’ spouses. This is because many people overshare sensitive details on their social media accounts, which can cause legal challenges.It may be tempting to air grievances, vent about your spouse, or elicit public support during the divorce process; however, we urge our clients to think twice about this behavior. Poor conduct on social media could:
- Damage your credibility
- Provide proof of misconduct
- Negatively impact child custody decisions
- Escalate conflict between you and your spouse
If you have concerns about your online presence or your spouse's social media activities, we encourage you to reach out to us immediately. We will help you develop best practices that protect your interests and maintain the integrity of your divorce case. Contact us today!
Best Practices During Divorce Proceedings
Even with privacy settings engaged, social media posts are rarely 100% private. Unfortunately, posts could be taken out of context, used as evidence against you in court, and even impact alimony or custody decisions. Whether you are considering divorce or working through a pending case, keep the following social media best practices in mind:
- Adjust privacy settings to limit who sees your posts
- Assume nothing is private and could be seen by your spouse or their legal team
- Before posting, ask yourself how content could be interpreted by a judge
- Avoid discussing anything related to the divorce
- Consult your attorney before removing any social content
- Consider taking a temporary break from social media by deactivating your account during proceedings
Social Media & Divorce: 5 Dos and Don’ts
While we recommend clients refrain from maintaining a social media presence during divorce proceedings, we know that this is not feasible for all clients. To ensure best practices, consider the following dos and don’ts.
- Do adjust your privacy settings to the highest level to limit visibility.
- Do remember that nothing is ever truly private. Even deleted posts can sometimes be recovered through forensic methods or subpoenas to social media companies.
- Do consult with your attorney. Whether you have questions about your own social media presence or concerns about your spouse's online behavior, we are here to offer support and guidance.
- Do stay neutral. Divorces are often very emotional, making it difficult to stay level-headed and neutral online. In essence, avoid discussing any details related to your divorce online.
- Don't make negative comments about your spouse online. This could be used against you.
- Don't share photos of your children, as opposing counsel could suggest that you are not prioritizing their interests.
- Don't delete previous posts; this could be interpreted as destroying evidence.
- Don't show off expensive purchases, as this could contradict claims of financial hardship.
- Don't post anything a judge or custody evaluator could find offensive or inappropriate.
Frequently Asked Questions
Can my spouse gain access to my private messages or deleted posts during the divorce process?
Yes, it's possible. During the discovery process, your spouse's attorney may request access to your social media accounts, including private messages. Even deleted posts can sometimes be recovered through forensic methods or subpoenas to the social media companies. It's crucial to assume that anything you've ever posted or messaged could potentially be accessed and used in the divorce proceedings.
How far back can social media posts be considered relevant in a divorce case?
There's no strict time limit on how far back social media posts can be considered relevant. Generally, posts made during the marriage are most pertinent, especially those from the period leading up to the divorce. However, older posts could still be relevant if they pertain to ongoing issues such as financial habits or parenting concerns.
What should I do if my spouse is posting negatively about me during our divorce?
Do not engage or retaliate online. Instead:
- Document the posts by taking screenshots or saving them
- Inform your attorney immediately
- If the posts are defamatory or violate any existing court orders, your attorney may take legal action.
- In severe cases involving threats or harassment, consider reporting the posts to the platform or law enforcement.
Should I delete my social media accounts during the divorce process?
Deleting accounts or posts could be seen as destroying evidence, which can have negative legal consequences. Instead, consider temporarily deactivating your accounts or significantly limiting your social media use during the divorce process. Always consult with our attorneys before making any major changes to your online presence.
Trusted & Compassionate Legal Guides for Your Divorce
Social media and divorce generally do not mix. If you are concerned about what your posts are saying about you in the eyes of the court, let our Loveland divorce lawyers know. With our counsel and guidance, we will help you through the system to an outcome which considers and protects your best interests. Our law firm also has offices in Denver, Longmont, and Broomfield, CO.
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