Social media is not your friend during a divorce.
Should I Keep Facebook During a Divorce? Social Media is Not the Place to Find Support
You will need a lot of support during the divorce process. You may think that talking to your friends and followers on social media is a good way to get it, but it’s not. Anything you post on social media is potential evidence and becomes part of discovery. It can come back to haunt you as you move through the divorce process.
Anything you posted in the past can also be found by your spouse’s lawyer and will be used against you. As soon as you know you are going to get a divorce, deactivate all your social media accounts. This will help you avoid the temptation to post and stop evidence from accumulating against you.
The Discovery Process is Ongoing
You may think that once you turn over your social media records to your spouse’s lawyer, you are in the clear to start posting again. The discovery obligation is ongoing, though. You may have to continue to provide supplemental discovery until the date of your trial. To ensure your social media records are not part of it, stay off social media until your case is final.
How Posts Will Be Used Against You
You may think the posts and pictures on your social media accounts are innocent enough. Your spouse’s lawyer though, may take them out of context when using them against you. You may have taken pictures when out for cocktails with friends. Your spouse’s lawyer may use that picture when accusing you of having a drinking problem. Even though the picture was fairly innocent, it could hurt you in child custody hearings or in other aspects of your case.
Talk to a Lawyer First
You might consider deleting all your accounts instead of deactivating them. This may not come back to hurt you, but it might. Because your social media accounts are part of discovery, deleting them may be considered destruction of evidence. Deactivating your account will not destroy the evidence, so you can always do that. Before deleting them entirely though, speak to a lawyer to make sure you will not face consequences for doing so.
You Cannot Control what Your Friends Post
It is not uncommon for people to tag others on social media. If your friend tags you, the post shows up on your timeline and becomes part of discovery. You cannot control what your friends post, or if they tag you, even if you have asked them not to. This is why it is important to not only avoid posting yourself, but to deactivate your account so others cannot tag you.
Call Our Family Lawyers in South Carolina Today
At The Peck Law Firm, our South Carolina family lawyers will always protect your best interests during the divorce process. We can provide the sound legal advice you need and will negotiate with the other side for the fair settlement you deserve. Call us now at 843-631-7117 or contact us online to schedule a consultation.