January 9, 2022
A Colorado divorce lawyer understands that many people use social media as an outlet to express their thoughts and opinions, as well as keep in touch with friends and family. But one of the things that divorce lawyers often advise their clients is to use extreme caution when posting on social media while their divorce is pending.
Do courts review a person’s social media activity during the divorce process?
During a divorce, all aspects of a couple’s life are scrutinized by the court, especially if the couple is also involved in a child custody dispute. Not only can opposing parties use evidence they find online, but witnesses, such as a guardian ad litem, may also access each of the parent’s social media accounts while conducting their custody evaluation. The information posted on Facebook and other social sites, whether it be posted by an individual involved in a divorce or a third party, can often be cast in a negative light during divorce proceedings.
How can what someone else posts on their social media account harm my divorce case?
Divorcing couples need to understand that the potential damage caused by sites like Facebook extends far beyond the information that they themselves are posting. Family members, friends, or even complete strangers can post information online that may drastically impact divorce proceedings. For example, an innocent photo of one spouse at a bar with a drink in hand can lead to the suggestion by the opposing side that said spouse is an out-of-control drinker and should not be granted custody of his or her children.
Do divorce lawyers use social media sites in preparing their cases?
A skilled Colorado divorce lawyer should fully understand basic social media concepts and should be able to advise clients on how to effectively manage online social networks. For example, a savvy lawyer will understand the difference between Electronically Stored Information (ESI) and traditional paper documentation and that there are different laws regarding how ESI is preserved.
What are some ways Facebook or other social media accounts can be used for my benefit in my divorce?
A knowledgeable lawyer will not only advise his or her client on how to properly utilize Facebook and other social sites but he or she will also advise on how to use social media to the client’s best advantage. Facebook is often a source of information that can also be used to support a variety of claims. Facebook posts can identify instances where marital property is misused, can provide evidence for alleged affairs, or can determine whether parents are suitable guardians for their children during custody hearings.
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Social media is a powerful tool that can be used to one’s advantage; however, it can also be a potential liability. To learn more about how social media should be managed during your separation or divorce proceedings please contact Zweig Law, PC to schedule a free consultation with a skilled Colorado divorce lawyer.