FIVE THINGS TO REMEMBER ABOUT SOCIAL MEDIA DURING A DIVORCE
1) USE YOUR HEAD: Before you post or tweet, ask yourself: is this something that I would want read in court, or produced by my spouse as evidence against me in court. This includes rants about your spouse, bragging about late night drinking and partying, photos of you in a night club, on a boat, at a party, on a motorcycle, with members of the opposite sex, and generally having fun. This does not mean that you cannot have fun, just don’t publish it on the internet.
2) DON'T ARGUE YOUR CASE ON LINE: You may feel like it is a good idea to discuss your case, in an online rant. This is a horrible idea, and you should never do this. If you want sympathy or advice from friends, discuss your case in person, not online for the world, opposing counsel and the judge to see. There is a strong possibility that your online rants will get back to your spouses attorney or the judge. An even better idea is to discuss your case with your lawyer at his or her office behind closed doors with the benefit of confidentiality.
3) DON'T TRASH YOUR SPOUSE: Divorcing spouses often get the urge to trash their spouses online, in an attempt to get the support and sympathy of all their friends. It is best to talk in person with your friends, face to face, but never online. There may be a temptation to get your friends on your side on social media, you may even feel better when your friends join in and trash your spouse, agreeing with how horrible he or she is. The problem here is that what you say may turn into evidence in your case. Your friends may even get a subpoena from your spouses lawyer.
4) IF YOUR GUT SAYS PERHAPS I SHOULDN’T POST THIS, THEN LISTEN: If you question whether you are doing the right thing, as you are about to post or tweet, then listen to your gut and don’t do it. Also, it is best not to check in regularly during a divorce or custody battle, the world and your spouse and his or her lawyer do not need to know your every move.
5) FOLLOW COURT ORDERS: If your divorce decree or court order states you are not to post pictures of your kids then don’t do it. If the judge says refrain from derogatory comments against your spouse, then abstain from doing it or you might find yourself facing a contempt charge.
6) ADJUST YOUR PRIVACY SETTINGS: During a divorce it is best to set your privacy settings to friends only. Even better why not consider refraining from all posting during your divorce or custody battle. You never know what might turn out to be evidence in your case. One word of caution, you should not attempt to delete or remove postings or sanitize your online profile, as this is destruction of evidence and can be detrimental to you in your court case. As such it is best to follow the above rules so you don’t find yourself in a position of wishing you could remove postings that you regret.