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Divorcing Spouses Beware: How Facebook Could Prejudice the Outcome of Your Pending Divorce Action

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This week Mirror Daily featured an article entitled, “Facebook Now Crops Up in a Third of Divorce Cases over Cheating and Old Flames”, written by Samantha Yule. According to the article, a recent survey of matrimonial firms’ caseloads revealed that social media is increasingly relied upon as proof of inappropriate behavior in divorce actions. Specifically, in a research study examining over two hundred cases, specialists found that Facebook was used by legal teams in just over a third of the cases.


The use of Facebook and other social media sites could be extremely damaging in pending lawsuits. Updating one’s Facebook could inadvertently provide evidence of infidelity and new relationships, help track your movements, and record recent expenditures on everything from cars to vacations. Lyn Arton, a managing partner of Lake Legal Law Firm, commented, “Social media provides an ongoing log of our lives. The sharing of written posts and pictures, often with geo-tagging, provides a record of activities that can be used in a court case.”


More and more often clients are coming into their attorney’s office with new proof to be used in their upcoming actions. For example, posting about an impending bonus, new job offer, or plans for a vacation could provide evidence that one’s spouse is not being honest regarding their financial positions. Similarly, photographs, comments, and status updates could be indicative of a blossoming relationships or lifestyle choice which contradicts what people will otherwise try to portray. At the very least, evidence from social media calls a spouse’s credibility into question.


For those in the midst of a divorce action, it is essential to be careful and think twice before posting something on a social media website. Julian Hawkhead, a managing partner at Stowe Family Law, warns, “People need greater awareness of what information they are leaving about themselves on the Internet which is otherwise waiting to be found at the touch of a button.”


Are you considering filing for divorce or legal separation? Alternatively, are you experiencing difficulties with post-judgment issues such as child support, custody, maintenance? If so, it is essential to be aware that the information you unwittingly post on social media can be used to your detriment. Jay Raxenberg, P.C. is an experienced and well-respected matrimonial and family law attorney. Please call (516) 491-0565 or toll free at (888) 543-4867 to schedule your appointment today.

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