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Can You Use Facebook For A Divorce?

By Megan Sheppard


Ever since MySpace and Facebook launched on the Internet, an ever growing amount of the population has turned to social media to share everything from pictures to status updates. Even here at Minick Law, P.C. in Gastonia, NC, we use a variety of social media websites and applications to connect with prospective, current, and past clients. However, with this rampant use of social media, how much sharing is too much? Specifically, how can social media affect my divorce?

Because social media has grown so quickly and spread to so many, people often believe that their information is, in some way, kept private or only available for public use in a limited way. This is not the case. As a general rule, everything you post or share is easily accessible with the right expertise and tools. Furthermore, most Terms of Use on social media platforms state that information shared on those platforms (i.e. Facebook, Twitter, Google+, Linkedin, Snapchat, etc.) is not yours to own and is not considered private.

These same privacy problems found in social media apply to divorce proceedings. Divorce is a highly stressful and, often, emotionally unstable time which can lead to statements-through pictures, posts, or shares-being made without appropriate consideration of their consequences. Most of the time people take their stress or anger to social media platforms and post negative messages about their spouse. Unfortunately, this information is not private and can be found, saved, and later brought up in court. This evidence is especially harmful to you in separation agreements and child custody cases.

Lawyers too search on social media for information that might be beneficial in a divorce. Your "friends," your posts, pictures, "check-ins" at certain locations, "likes," profile activity and page views-all these can be used as evidence in your defense or against you.

As it can be seen, the use of social media can produce a lot of information that an individual may not want to become public. Because of this, you should adopt the attitude that everything and anything you post on the Internet could one day show up at any time - especially in court. As such, when going through a divorce, you should generally avoid posting anything relating to your divorce or your spouse as it may negatively affect your case.




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