Are you going through a separation or a divorce and maintain a profile on Facebook? You need to be careful what you post.
According to the American Academy of Matrimonial Lawyers (AAML):
An overwhelming 81% of the nation’s top divorce attorneys say they have seen an increase in the number of cases using social networking evidence during the past five years, according to a recent survey of the American Academy of Matrimonial Lawyers.
Anything you post online is public. Even if you have tight privacy settings, you never know who’s looking at your profile and who will share the information.
What are attorneys or your estranged spouse looking for? They are trying to check your emotional state and see if you post anything that contradicts a statement you previously made. For example, if you go on record that you are having financial troubles and then post pictures from a recent vacation or a big purchase you just made, it will not paint the same picture and has the potential to hurt your case.
What can I do to protect myself on Facebook?
Even if you are not “friends” with your estranged spouse on Facebook, any status updates, pictures, links, and comments you leave on the things your friends post may show up on your estranged spouse’s newsfeed through mutual friends. Don’t risk it.
Check you privacy settings on Facebook. Here are two articles to walk you through how to check your privacy settings:
- Time to Audit Your Facebook Privacy Settings, Here’s How on Fast Company
- 10 Privacy Settings Every Facebook User Should Know on All Facebook: The Unofficial Facebook Resource
Be careful what you say. Think before you post and comment on anything—be it a status update, a photo or a comment on another friend’s post. Do not post anything related to your case, your estranged spouse, or if you’re starting to date other people. If you have any doubts, you probably shouldn’t push the “share” button.
Lock down your account. You can temporarily deactivate your Facebook account during your litigation or simply not post anything until it’s over. This will prevent you from sharing something that could potentially be used against you.
You should also be aware of what you post on Twitter, especially since all public tweets posted to Twitter are archived by the Library of Congress.
If you have questions about the role social media can play in your case, contact our office and we can help you figure out the best strategy.
