Top Tips You Need to Know Regarding Social Media and Electronic Communications in Your Divorce
From Boomers to Zoomers and beyond, everyone seems to be living part of their life online these days. Whatever demographic you fit into, when you decide that divorce or dissolution is the best way forward, the information that you share online–or that others share about you–can have a real-life bearing on your divorce, support, or child custody case.
At the Law Offices Of Cara L. Santosuosso, LLC, our skilled collaborative divorce lawyers understand the risks that social media and having an online presence can pose. We can help you to successfully navigate your case, and will always advocate for you. Here are some of our best tips that you can implement to ensure that your online life does not jeopardize your future.
Pay Attention To Security
If you are very tech-savvy and security conscious, you already know that you truly have to dig on some platforms or operating systems in order to secure your personal information. Many apps allow your friends and family to tag you in images or share information about you–like where you have been–by “checking in” to a location with you. This sort of post will show up on your feed and will also be visible to others you are connected with. This means that posts about your whereabouts and activities may be easily accessed by a soon-to-be ex-spouse.
What is the concern here? There are too many potential risks to list each one. Suffice it to say that any post that remotely suggests that you were engaged in a questionable activity or indiscriminately spending money can be used by a vengeful spouse to call into question your need for spousal or child support or to threaten your custody arrangements. With a determined child custody attorney on your side, you have a stronger chance of warding off these threats, but it would make more sense to prevent them in the first place by fine-tuning security settings.
The need for security is also key for the actual devices that you and your children use to access these apps and the internet. This is especially true if they were once shared with your ex-spouse, and if children will be taking them along when visiting their other parent. Once you have filed for divorce, it is recommended to immediately change all of your passwords and login credentials. It may also be a good idea to prevent your device, browsers or apps from storing passcodes for you. Instead, you could find another, more secure way to make note of important login credentials. The important thing to remember is that unless you have taken steps to secure your personal information, you cannot assume it is safe. Some apps may have access to your text messages and could share those with other users. Even close family members or friends could end up siding with your spouse, and revealing sensitive information to help their case. Limiting sharing and access to photos and other personal information can help to decrease the possibility of this happening.
One area that might not be on your radar but is equally important to secure, is any shared digital media storage account, such as iCloud. Text messages, purchases, game playing, and app usage may be innocent activities, but if someone wants to use this information against you, they will try to find a way. If you previously shared iCloud or other digital accounts with your spouse, be sure to stop using the shared account and open your own. If you have children who are spending time with both parents, it would be wise to create their own account as well. Otherwise, if you shared an account with your child, your ex-spouse could use their device to access your records and data during custodial visitation.
Limit Or Stop Posting On Social Media Platforms
As mentioned above, any posts on social media sites that your soon-to-be-ex-spouse or their friends and family have access to can end up working in their favor if their divorce lawyer finds an effective way to spin it and the judge agrees. This is a case where overthinking is a very beneficial trait and can help you to prevent sharing potentially damaging information online.
What are some things that you should never share online while involved in a divorce proceeding? Anything that leans toward or could be construed as financial extravagance, irresponsible parenting, unnecessary risk taking, or that could undermine claims you have made, whether they be about your health, financial status, or otherwise. If you find yourself starting a new relationship, now is not the time to disclose that online. Confidential advice given by your divorce attorney should also remain between the two of you, and should not be shared publicly.
Many experts recommend that individuals involved in divorce proceedings altogether stop posting online, regardless of the social media platform. Emotions can run high and it is very easy to post something in the heat of the moment that you later regret. Meanwhile, that post could end up being used against you. The best protection against this situation is to refrain from posting in the first place. Once information is online, it is next to impossible to erase it, and doing so will often only serve to hurt your case, as it could appear that you are trying to hide something. The better choice is to stay off of the platforms that you would typically engage with.
Zero In On Privacy
Many of our devices and the apps we regularly use on those devices are, at some point, tracking our locations throughout any given day. There are ways to disable or severely curtail this feature, and it is a good idea to do that. The threat from this built-in feature pairs well with the warning to establish a new set of login credentials for apps and digital storage accounts, because users who share your passcode may also be able to extract data about your location from the apps you use. This could pose a personal threat to your safety, or it could be used to undermine claims you have made in your divorce or child custody case. Features like “find my phone” or “friend finder” could end up harming your case in the long run.
Another potential risk is posed by shared financial accounts that are accessed online. Credit card statements and other financial documents may be accessible to a spouse you are in the process of divorcing. Even if it is perfectly legal for them to access these records, they may be able to find evidence of discretionary spending that they could then use to prove that you do not need financial assistance to the degree that you claim. A skilled divorce attorney will fight your case for you and get you the support you need and deserve, but you can help to avoid unnecessary complications by refraining from any purchase that could be misconstrued. Collaborative divorce is the goal, but sometimes it simply does not work for both parties. In these cases, you must be a bit more careful and aware.
In the event that you suspect that your privacy is being violated, it is important that you do not try to repay the action with an equally shifty and potentially illegal action–the situation can go downhill quickly. Instead, consult your trusted divorce attorney and work with them to secure your information. Online harassment or abuse during divorce proceedings is a serious matter and can be viewed by courts as a form of domestic abuse. Take steps to increase privacy and be sure to document any communications that you feel are threatening.
Using Social Media To Your Advantage
Just as online posts can be used to undermine a party’s claims about needed support, they can also be used to corroborate facts. If your spouse was prone to posting shared locations and events that you attended together, this timeline can sometimes be used to establish separation dates. We already mentioned how important it is to keep your personal life off of the internet during this sensitive time, so if your ex-spouse were to post about getting a new partner and moving in together, that could be information that may affect custody or support decisions going forward. An ex-spouse who claims that they cannot pay the determined support amount but who then posts about newly acquired high-end electronics and other expensive purchases is clearly trying to get out of their court-ordered responsibilities.
These data points may not reflect the entire story behind the posts, but they can sometimes be used in either party’s favor when building their case. Digging into online posts can reveal overlooked or hidden assets and uncover lies that can aid your claims. Consult with your trusted divorce lawyer to best use and effectively interpret the information you have available to you.
Your Trusted Divorce Lawyer In Cleveland, Ohio
Our reliance on digital communication and regular use of social media has fundamentally changed the face of divorce and dissolution today. Social media posts, texts, emails and other forms of communication can become key pieces of evidence in a modern divorce trial. They can also pose a risk if the data is misinterpreted or used dishonestly. Working with an experienced Cleveland divorce attorney will ensure that your rights are preserved and that you enjoy a fair outcome to your divorce proceedings.
The collaborative divorce lawyers at the Law Offices Of Cara L. Santosuosso, LLC are here to advocate for you and your children. Our Cleveland divorce attorneys can help you through the most complex or contentious divorce, with an eye always on your and your childrens’ best interests. Contact us today to learn more about our services and to schedule your consultation.