Friday, August 28, 2009

Facebooking during your divorce

Happy Friday to everyone. With it being Friday, the social networking sites will be abuzz with everyone's weekend plans. We have all read cautionary tales of how putting too much information on these sites can affect one's job; however, it is just as likely if not more likely to affect your divorce.
Everyone needs a place to vent. Usually, it is done to friends and relatives. In the days past, people vented in person, then via email, now it is often done on Facebook. The problem is that with each degree we move away from in person contact, the more public our life becomes.
In divorce and family law litigation, lawyer's have to deal with a wide variety of complex legal issues regarding custody, asset valuation, asset distribution, alimony and child support. One thing that makes handling these issues difficult is that the Judge has the ability to use his/her discretion in reaching a finding on these issues. This is where Facebook comes in. Somewhere in that mystery land that is the Judge's discretion, is a region where the Judge will look at the conduct of the litigants before the court. The manor in which they conduct themselves during the marriage, separation, and divorce proceedings WILL have a major impact on the result of the litigation. Lawyers, under their duty to their clients, will use whatever amunition they have available (within our ethical limitations [don't laugh, most of us actually follow them closely]) to prevail for their client. I my self have been involved in many cases where emails, letters and recordings of phone conversations have been introduced. The next logical step in this progression is the use of a party's Facebook conduct. This could be even more damaging than other types of evidence because you have to ability to put photos, video, links, notes, status updates and various other information on Facebook. Additionally, you also have declared certain people to be your friends and could be damaged by the content of your friends' pages.
So consider this a warning to all of those Facebookers out there who really love to load up their page with content.

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