We strongly encourage all of our clients to refrain from participating in social media (including but not limited to Facebook, Twitter, Tumblr, Flickr, Skype, Instagram, Pinterest, and the like) during the course their divorce proceedings, or any proceeding in the family court. Information found on social media websites is not private, can be discoverable, and may be potentially damaging to your interests.
For example, a post complaining about your ex-spouse on social media could become an exhibit to a motion about how you cannot or do not want to co-parent. Another example, is posting vacation photographs while simultaneously complaining to the court that you do not have money to pay for child support. When you are denying a relationship with a new significant other and your ex-spouse is suggesting to the court you are cohabitating, you likely, do not want to have pictures of you and a new significant other all over your Instagram or Facebook page. The representations you make to the public, must match the representations you make to the court. A judge might find you are disingenuous if your social media profile says one thing while your court filings say another.
Another consideration is whether or not your attorney client privilege could be lost. For example, if you were to post about conversations you had with your attorney on social media, those conversations are no longer covered by the privilege. This means that your spouse or the other interested party could seek to ‘discover’ what else you and your attorney have discussed during the course of their representation.
This is not to say, however, we recommend you delete, alter or modify your social media pages after hiring an attorney. In fact, we specifically recommend, you do not attempt to delete any of your social media accounts in an attempt to avoid having anything posted there used against you as doing so can also lead to serious consequences such as sanctions for destroying potentially relevant evidence.
Ultimately, no matter your situation or the status of your court proceedings, if possible, avoid posting on social media altogether until your divorce or pending matter is resolved. It may save you greatly in the long run.
If you are considering a divorce and need an attorney who can effectively represent you through every step you can count on Shane and White, LLC. We proudly serve clients throughout New Jersey as they navigate divorce and family law matters. Please contact us at 732-819-9100 or info@shaneandwhite.com.
