Don’t Let Social Media Affect Your Divorce
Divorce is often a complex process that can bring up a lot of dirt on both parties. Secrets may come to light that neither spouse wanted revealed, battles may break out over property division and you may find yourself in a bitter fight when it comes to custody arrangements. Your attorney will likely advise you not to speak with anyone about the divorce process, and you may not feel comfortable talking to anyone about something so personal anyway. 
But social media presents a new challenge. You no longer have to pick up the phone or go to a friend’s house to talk about how much you despise your soon-to-be ex spouse. Instead, you can just send a simple message to someone or post a status regarding the matter. In addition, you may share information you thought was private, only to realize the whole world can see it. Here are some common mistakes people make when it comes to social media and divorce:
Letting Social Media Run Your Life
A recent study discovered that Facebook and other forms of social media are now the leading cause of divorce. For couples who are on social media often, there was a strong uptick in rates of jealousy and instability. Seeing conversations with old partners or pictures of a night out on the town with friends can lead to questions, anger and, eventually, divorce. The simplest solution? Know your audience. If you know your significant other will be upset by your post, don’t put it up.
Posting “Incriminating” Photos
No, we don’t mean photos of your ex doing drugs or committing some other crime. We mean photos that show they lied to the courts. For instance, if you ex pleaded for alimony because they were near bankruptcy, it’s safe to assume they wouldn’t be able to afford an extravagant weekend getaway or a new car. Yet, even if your ex blocked you on social media, you may still be able to see evidence they hid assets via photos with mutual friends.
You may also be able to tell if your ex is spreading lies about you on the internet. Sure, you can’t see the post, but one of your friends may take a screenshot of the post and send it to you. That is admissible in San Bernardino divorce courts, and could have a major impact on the separation process.
Not Knowing What Is Admissible in Court
As we mentioned before, screenshots of social media posts can be used in court. But did you know emails, text messages and other forms of communication are also admissible? A subpoena could dredge up messages that demonstrate infidelity, hidden assets and other secrets that could be used to your advantage. Even if a message shows they fibbed about something minor in court, their credibility is now in jeopardy.
The general rule of thumb is: never put something in writing, physical or digital, that you wouldn’t want read by a judge. Assume every text, email, instant message and social media post will be brought forth before a judge. If your ex has told someone they had a secret bank account, that is a crime, if they also hid it from the courts. Or, if they have said they have no idea how they can raise a child on their own, that may help you in a custody battle.
If you are facing a divorce in San Bernardino, you need an attorney who can make sure you get what you deserve. Contact Milligan, Beswick, Levine & Knox today for a free initial consultation.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.