What You Post on Social Media Can and Will be Held Against You

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Social media has become part of our everyday lives. Nearly everyone owns some form of social media whether it be Facebook, Twitter, or Instagram. Living in a world where social media is accessible right at our finger tips we reveal information about our lives all the time, whether it be posting a status on Facebook describing exactly how we are feeling that day or posting a picture on Instagram with our current location. However, sharing your day-to-day life on social media comes at a price and that price is your privacy. Also, be advised that lawyers jump at the opportunity to catch a litigant in a lie when their testimony contradicts what their Facebook or twitter posts say.

USA Today published an article titled ” Divorce Lawyers: Facebook Tops in Online Evidence in Court.” The article describes the risks associated with sharing too much over the internet and reports that the American Academy of Matrimonial Lawyers says 81% of its members have used or faced evidence from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the last five years.

The article reports the following examples of the types of evidence that divorce lawyers have obtained from social networking sites include:

  1. Husband goes on Match.com and declares his single, childless status while seeking primary custody of said nonexistent children.
  2. Husband denies anger management issues but posts on Facebook in his “write something about yourself” section: “If you have the balls to get in my face, I’ll kick your ass into submission.”
  3. Father seeks custody of the kids, claiming (among other things) that his ex-wife never attends the events of their young ones. Subpoenaed evidence from the gaming site World of Warcraft tracks her there with her boyfriend at the precise time she was supposed to be out with the children. Mom loves Facebook’s Farmville, too, at all the wrong times.
  4. Mom denies in court that she smokes marijuana but posts partying, pot-smoking photos of herself on Facebook.

If you are going through a divorce it is in your best interest to be honest and forthcoming with your attorney about your social networking activities. It is beneficial for your case to show your attorney exactly what you’ve been posting on Facebook so that the other side’s arguments can be anticipated in court and your attorney can better represent you.

So, if you are considering filing for divorce or want to speak to a Long Island divorce attorney to discuss your options, please contact the Law Offices of Jay D. Raxenberg! We have the experience and legal skills necessary to protect your best interests!

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