Berman & Asbel, LLP

How to use social media during divorce

Pennsylvania residents who are getting a divorce should be careful about what they reveal on their social media accounts. They may not realize that both email and text messages are subject to a court subpoena. People might talk about a bonus or other information they have not revealed in court.

One man's alimony request was denied after he posted on social media about a vacation and a new job when he claimed to be unemployed. People should keep in mind that blocking a soon-to-be ex-spouse does not prevent that person from seeing posts from others, such as mutual friends, that might include revealing information that could be used in court. One attorney used LinkedIn to prove that a person's spouse had a side business that had not been disclosed.

People should avoid putting up a dating profile while the divorce is ongoing. It could suggest that they were cheating, or they might inadvertently reveal things about themselves that could be used in court. Child custody could also be affected by postings on social media. If parents appear to be behaving irresponsibly while they are supposed to be taking care of children, they could lose custody. People should also be aware that deleting accounts can be considered destroying evidence.

Individuals who are facing the end of a marriage might want to consult with an attorney. If the divorce is contentious, issues such as the use of social media could cause problems, and an attorney may be able to give advice such as the above regarding how to proceed. However, even if the divorce is relatively amicable, it is best to make legally binding agreements, and attorneys may able to assist with these as well.

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