FaceBook is mainly used for comparing yourself to your high school friends and stalking persons you just met. Perhaps it can also be useful for bragging on yourself, your child’s latest, cutest thing and driving up “hits” on your blog. However, it is NOT to air your DIVORCE DRAMA!
FaceBook (FB) based evidence has been linked to over 1/3 of divorces filed since 2011 and is increasing. The American Academy of Matrimonial Lawyers states that 81 % of its members have used or been faced with evidence plucked from Facebook, Twitter and other social media sites in divorce cases over the last five years.
What are some of the things NOT to post on FaceBook?
- Don’t put that the other party was just a sperm/egg donor
- Don’t put that the other party is CRAZY, SATAN or PSYCHO!
- Don’t post pictures of yourself licking someone’s face at The Electric Cowboy.
- Don’t put pictures of yourself holding an alcoholic drink with 16 empties on the table.
- Don’t “check-in” at the Club, at 2:00 a.m., during your custody time with the children.
I have seen FB postings used in Court as circumstantial proof of fault. (Mushy messages to the old flame and hate-filled diatribes against that “dead beat.”) And, FB info has been used as proof with regards to moral fitness in custody battles. Parties in litigation have posted vulgar things about the other party and parties have put pictures of themselves behaving inappropriately on FB.
So you are thinking, “But my FB is set to private. Only my friends can see it and I blocked little Miss So and So.” Well the block may prevent them from gaining direct access, but guess what, you have a mutual friend that is forwarding the postings to your ex and/or that mutual friend is letting them log in under their name. Nothing is private.
Want to know what else to NOT put on FB? 5 more Don’ts.
Share your FB Family Law horror story…maybe I’ll blog about it. Oh, and LIKE me on FaceBook.
Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not post your business on FaceBook.
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You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.
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It’s amazing how often Facebook and other social media is now being used in family law cases. In Australia, it’s estimated that photos and comments from social media are being used to discredit people in 20% of Family Court proceedings. In the UK, a spouse’s behaviour on Facebook is now cited in a third of UK divorces in which “unreasonable behaviour” was a factor. Another worrying trend is that social media is also becoming a major tool for divorce-related bullying, with people writing nasty messages, posting embarrassing images, setting up fake profiles and disclosing the other persons personal data.
All good points. In my practice, which is almost exclusively Family Law, over 90% of my clients have FaceBook profiles and over half have “discoverable” information. Thank you for your comments.
Very good information. I feel like too often now days people are digging themselves deeper by posting things on facebook and other social media sites. Everyone needs a good family law practice on their side! Great article!