Should I Post on Social Media During a California Divorce?
Many spouses may be tempted to post on social media during a California divorce. However, such activities can prove detrimental for a number of reasons. You might be wondering why posting on social media is so problematic during this legal process – especially if your social media presence represents an important part of your identity. Once you understand the potential implications, you might begin to rethink things.
Everything You Say Can and Will Be Used Against You
You might recognize the phrase “Everything you say can and will be used against you” from a police officer’s reading of Miranda Rights during an arrest. However, this phrase also applies to virtually any legal proceeding. If you make a public statement, it can and will be used against you – often in ways that you may not expect or understand.
Posting on social media is virtually identical to providing a signed statement in the eyes of the court. Because of the “digital signature” of your profile, it is almost impossible to prove that you didn’t make those statements. As a result, virtually all of your social media posts might find their way into the courtroom.
Even the Most Innocent Posts Can Be Used Against You
It is worth noting that even the most innocent social media posts could potentially be used against you. For example, you might post a selfie while your divorce is pending. Even if you make no mention of the divorce or your spouse, this post could still be used against you in litigation. Your ex’s divorce attorney might zoom in on the picture, finding a mirror in the background. In the reflection, the divorce lawyer might see drug paraphernalia on your coffee table. Suddenly, your “innocent post” is being used to establish that you have a substance abuse problem in court. Something as simple as this could result in the loss of your custody rights.
Faced with these potential issues, most divorce attorneys recommend that their clients take a complete break from social media during the divorce proceedings. There is simply too great of a risk, and the less potential “ammunition” you give your ex, the better. Of course, it is completely up to you whether you want to follow this legal advice.
Using Your Ex’s Posts Against Them
Social media is a double-edged sword. You can also use your ex’s social media posts against them. This is especially true if they post insults, rumors, lies, and other degrading comments about you or your family. You might also seek out evidence of substance abuse, child abuse, and other misconduct.
Find an Experienced Divorce Lawyer in California
If you have been searching for a qualified divorce lawyer in California, look no further than the RM Law Group. Over the years, we have helped numerous divorcing spouses across the Golden State – and we know how tempting it can be to “vent” on social media. With our help, you can strive for the most positive outcomes and avoid common mistakes along the way. Book your consultation today or call us at 866-706-3160 to get started with an effective action plan.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
