Facebook and social media are not alliances in a divorce process. Therefore, it is always the sincerest advice of our experienced family lawyers in Adelaide that you should never write a Facebook post or email under any circumstances, especially in emotional pressure.
We understand that the separation process is devastating and social media is one of the quickest ways to shout out your stress and search for compassions, however, let’s take a deep breath and make them fade away before communicating on these channels
What you say on Facebook, in a text, in an e-mail, or on any other social networking site can be used as evidence against you.
Why are Facebook and social networks bad influencers?
Simply explained, words in your text via email, social media posts, photographs, or other online correspondence can be admitted to divorce court as digital evidence. They are the most accessible weapons for your spouse’s lawyer to assume you as a bad person and negligent parent if their authenticity is proved. We never know how far they can reach to get the winning position, especially in term of property or children matters. Therefore, don’t say or write anything on that shared platform.
So, what can you do with your social network accounts?
You do not need to make a brand-new profile or delete all of our social accounts, just clean up information, images which give bad effects on your personal image.
If you communicate with your partner via email, refrain from delivering texts under frustration. It takes one second for your emails to be “sent”, but it might turn out to be a lifetime regret if that spontaneous moment becomes harmful evidence towards your reasonable rights during the divorce and settlement processes.
What if you still want to write a non-personal post?
We recommend you to stop sharing on Facebook or write texts, emails, but if you still want to keep your social interaction, AVOID the following contents:
- Financial assets and property: To make sure you get an equitable division of marital property, a reasonable amount of maintenance, it is best to stay away from any content related to money and property situation. Even a relaxing trip can be exaggerated as proof of your sufficient life with no damage, try to limit your social activities as much as you can
- Harassing posts about your partner on social media: The court has protective orders against family and domestic violence, cyberstalking, stalking in all forms, therefore, a tactless interaction with your spouse on social media can be regarded as the violation of these orders. Control your temper to avoid posts about the opposing party if you don’t want to be sentenced with online harassment.
- Daily activities: Such activities as drinking, collecting harmful substances, trying perilous experience,….appear in your social media can betray you when it comes to your parenting rights. Your spouse’s lawyer can definitely scour your profile to discover any inappropriate behavior against you for children responsibility. Be careful to conduct live videos or photos on your parties, trips, or daily routine…to avoid these kinds of materials.
- Expressions of your current legal issues: Many time-billionaires on social media don’t really understand the phrase “mind your own business”, they love digging into other people’s lives, especially separation might be an interesting gossip topic. If you don’t want to have a spy, broadcaster, or free marketer for your personal family matters. Stay away from legal posts.
In brief, do not forget that while you are enjoying sympathy through online communication, your spouse may be giggling because he/she can collect more information against your rights in the case of divorce and settlement processes. Be aware of what you post on Facebook and send via email which may affect the judge’s final decision during the divorce proceedings.