Dangers of Social Media and Litigation - Don't Post About Your Litigation Online!!

March 11, 2019

For most individuals, social media is an innocent and fun way to connect with friends and family. But for someone going through a divorce, social media can be a dangerous and costly tool. Sites such as Facebook, Instagram, Twitter, etc. have provided a way for people to vent, possibly disparaging the opposing party.  These posting can become evidence to be used against the poster at a hearing or trial.  For example, a husband claiming to have no money can be proven wrong by his soon to be ex-wife's attorney by showing pictures of a brand new BMW he posted on his social media account(s).  Or the mother who swears she does not drink alcohol can be proven to be a liar by opposing counsel when there are photos of her with drinks in hand all over her social media accounts in close proximity to her making such a statement.

The days of privacy and anonymity are long gone. Savvy lawyers are now able to find anything online, including photos and evidence from job networking sites and social media posts. It is important to consider this when going through a divorce, and in the process of any litigation. Even with the most private and secure settings it is possible to gain access to these sites, or for someone else to gain access to these sites. Therefore, it is very important to use common sense and discretion when using social networking sites during the dissolution process. A good rule of thumb would be not to post anything you wouldn't want the entire world to see, or that you wouldn't want a Judge to see. After all, do you really want to air your dirty laundry on social media?

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