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Best practices for social media use during a divorce

by Tanis McGonegal Family Law
Jul 6, 2016

On behalf of Cooper & Tanis, P.C. posted in divorce on Wednesday, July 6, 2016.

Separating couples in Colorado may want to avoid social media when they are going through a divorce. While deleting accounts altogether may not be wise because this could lead to accusations of destroying evidence, people should not put information on social media that they do not wish to have aired in court later. Furthermore, it is important to remember that texts and emails might be subject to subpoena.

One man found his request for spousal support denied after posting about his job and vacation on social media. People may think blocking their spouse on social media will be sufficient; however, mutual friends may still post information that can be seen by others. Child custody could also be endangered due to social media. For example, a parent might post photos of themselves appearing drunk when they are supposed to be caring for children.

Even professional and dating sites are not exempt. One person had to pay their spouse more in child support after their spouse’s attorney discovered on LinkedIn that he had a side business. Similarly, people might reveal information on dating profiles that they do not wish to come to light in court. During a divorce, it is best to proceed with the assumption that the spouse’s attorney and the spouse are keeping an eye on social media for any indiscretions.

Sometimes, the emotions surrounding divorce can lead the people involved to make poor judgment calls. For example, someone who is angry about the divorce may prolong it with unreasonable demands while someone who feels guilty might give up too much. An attorney might be able to help keep a client focused on goals that maintain some financial security and are good for their children.

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