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Social Media and Divorce: How Can It Impact Your Case?

Posted by Select Law Partners, PLLC | Feb 03, 2015 | 0 Comments

For many people, using social media has become a regular part of everyday life. The risks of sharing too much information through this channel can be easy to overlook. Like many people, you might be surprised to learn that online activity can serve as evidence during a divorce. Given the personal nature of social media, this evidence can have huge impacts on many aspects of your divorce in Virginia.For many people, using social media has become a regular part of everyday life. The risks of sharing too much information through this channel can be easy to overlook. Like many people, you might be surprised to learn that online activity can serve as evidence during a divorce. Given the personal nature of social media, this evidence can have huge impacts on many aspects of your divorce in Virginia.

Admissible Evidence

Information gleaned from your social media activity can be admissible in legal proceedings. While comments that other people make about you might be considered hearsay, information that you personally share could be used as evidence for litigation.

Effects During Divorce

Your social media activity may affect numerous aspects of your divorce in Virginia. Online posts that indicate you are exaggerating financial need or understating your assets may affect property division and spousal support orders. If you're seeking child custody, inappropriate social media activity may affect the outcome. This makes preventing over-sharing an important concern if you are preparing for a divorce. Always consult with an attorney regarding what to post and what not to post if you are going through a divorce or dealing with other family law matters in Court.

Topics to Avoid

It's safest to refrain from sharing any overly personal information on social media until your divorce is finalized. The following admissions can be especially damaging:

  • Information about a new relationship. This could suggest adultery, which is a ground for divorce in Virginia. A spouse's adultery can affect property division and spousal support or maintenance awards.
  • Complaints about your ex. If you're seeking child custody and it appears that you can't cooperate with your ex or foster a positive relationship between your ex and your children, this could be detrimental to your case.
  • Indications of your lifestyle. In child custody decisions, your ability to provide a safe, stable living arrangement can be decisive. Social media activity that depicts reckless or morally questionable behaviors could impact the final custody decision.

Finally, anything that could be taken out of context, from a sarcastic comment to an angry rant, is also best kept offline.

Play It Safe

As a bottom line, you should try not to share anything online that you wouldn't want brought up during your divorce. Once you've shared something on social media, you can't take it back, and the ways that it impacts your divorce settlement may be far-reaching.

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