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Don't Mix Divorce and Social Media

Posted by David J. Kavanaugh | Nov 23, 2018 | 0 Comments

Social media can be an effective way to catch up with friends and family and share what is going on in your life. However, participating in social media creates a permanent record, which can be detrimental to a divorce case.

You Can't Control Who Sees What You Post

Once you post something on social media, it is there for the viewing. It may be viewed by a mutual friend who feels more loyal to your soon-to-be ex. It may be viewed by the spouse of one of your friends. Someone may take a screenshot of your post and forward it to another person. Simply put, you cannot assume your communications will be kept private. As such, it is a good idea to refrain from posting details about your divorce on social media.

You Can't Control the Narrative

Once you post something on social media, it is open to interpretation. Take a picture of a particularly good meal? Suddenly, your spouse is arguing you are spending money frivolously. Post a photo of you relaxing with a glass of wine? Now your spouse is arguing you may have a drinking problem. Because you cannot control the narrative once you post something, it is a good idea to refrain from posting during the divorce.

Courts Decide Custody Based on the Best Interests of the Child

When a couple cannot agree on child custody and parenting time, the courts will decide who gets what amount of parenting time with the children. New York courts have wide latitude in deciding what factors they will consider when determining the best interests of the child or children. The last thing you need is photos or words posted on social media which the judge may misinterpret as evidence of bad conduct. You have no control over what the judge thinks of your photos or words. You do have control over whether or not you choose to post them in the first place. Just don't!

You Can't Erase Your Social Media History

You may be able to delete a post or remove a tweet. However, this does not mean they have disappeared from the record. Instead, you should know many methods exist for searching the web for historical data. Additionally, a qualified forensic expert can recover data – even from such social media outlets as Snapchat – despite their claim the data disappears.

Considering Divorce?

If you are considering filing for divorce, contact the firm of Frost & Kavanaugh. David J. Kavanaugh has more than 25 years of experience practicing in divorce and family law. Let him put his experience to work for you and your family. In most cases, our family law clients are able to resolve their differences with their spouses without the need for a trial. However, when a trial is necessary, David Kavanaugh has the skills you need. Call us today to schedule a consultation at 518.283.3000.

About the Author

David J. Kavanaugh

Dave graduated from Siena College in 1986 with a B.A. in Political Science, and from Western New England School of Law in 1991 where he received his law degree.  He worked as an Albany County Probation Officer between college graduation and his entry into law school. Dave was admitted to practic...


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