Going through a divorce is one of the most emotionally challenging experiences anyone can face. During this time, it is normal to feel overwhelmed, confused, and even uncertain about how to handle your personal life, including social media. Social media has become a central part of our lives, and it can significantly impact your divorce case if not handled carefully. In this blog, we’ll walk you through the do’s and don’ts of social media during a New York divorce, to ensure you make smart choices that won’t harm your case or your well-being.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand the anxiety and confusion you may be feeling. You may have many questions about how to proceed with your divorce, and it’s important to know that you don’t have to go through this journey alone. Our team is here to guide you every step of the way, with compassion and expertise to help you achieve the best possible outcome for your case.
Why Social Media Can Be Risky During a Divorce
In today’s world, people are often quick to share personal thoughts, feelings, and updates on social media platforms like Facebook, Instagram, Twitter, and Snapchat. While these platforms can provide a way to express yourself, they can also be a dangerous place when going through a divorce. Anything you post can be used as evidence in your case. Whether it’s a photo, a status update, or a comment, these posts can be misinterpreted and used against you.
Divorces are about dividing assets, making decisions regarding children, and sometimes, establishing fault. Anything you share online, whether intentionally or not, could potentially influence the decisions made in your case. It’s crucial to understand that what you post on social media can become a part of the legal process, so it is important to think carefully before posting anything.
Do Be Cautious About What You Post
The first and most important rule of social media during a divorce is to be cautious about everything you post. This includes pictures, status updates, and even comments on other people’s posts. Before you post something, think about how it could be interpreted in court. For example, posting a photo of you out with friends having a good time might be seen by your spouse or their attorney as an indication that you are not taking the divorce seriously. This could potentially harm your credibility in the eyes of the court.
You should also be mindful of what you say about your spouse. Even if you feel frustrated or hurt, airing your grievances online can backfire. Negative posts about your spouse could be used to paint you in a bad light, especially if there are children involved. It’s important to maintain respect and privacy during this difficult time. Avoid venting on social media, as it could lead to unwanted consequences.
Don’t Share Too Much Personal Information
During a divorce, it can be tempting to seek support from friends and family on social media. While it’s okay to lean on your loved ones for support, it’s important not to overshare personal details about your case. For instance, avoid posting about the specifics of your divorce, like custody arrangements, alimony, or property division. These details should be kept private and discussed only with your attorney.
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Sharing too much personal information can give your spouse’s attorney access to sensitive details, which could potentially be used against you. It’s essential to remember that anything posted on social media can be discovered and used as evidence. Therefore, limit what you share online to ensure your privacy is protected.
Do Set Your Privacy Settings to the Highest Level
One way to protect yourself while using social media during a divorce is to ensure your privacy settings are set to the highest level. This will limit who can see your posts and updates. While this doesn’t guarantee that your posts will never be seen by your spouse or their attorney, it does add an extra layer of protection.
It’s important to regularly review your privacy settings, as social media platforms often update their policies. Setting your account to “private” will help restrict access to your posts, but keep in mind that nothing on the internet is completely secure. Be careful about accepting friend requests from people you don’t know, as they may be connected to your spouse or their legal team.
Don’t Post About Your Legal Strategy or Negotiations
Another crucial don’t during a divorce is discussing your legal strategy or any negotiations online. Many people feel the need to share updates on their case, but this can be a serious mistake. Your social media accounts are not the place to discuss how things are going with your attorney or what your next steps will be.
Discussing your legal strategy or negotiations online could give your spouse an unfair advantage. They might be able to use your statements to gain insight into your next move, giving them the upper hand in negotiations or in court. Keep these discussions private and only share them with your lawyer, who is bound by confidentiality.
Do Be Mindful of What You Like or Comment On
It’s not just about the posts you make – it’s also about what you like or comment on. Liking a post or leaving a comment can indicate support for certain ideas or individuals. Be cautious about engaging with content that could potentially harm your case. For example, liking posts that criticize your spouse or that show you engaging in activities that may seem inappropriate could hurt your image in the eyes of the court.
If you’re unsure whether a post, comment, or like could be damaging to your case, it’s better to err on the side of caution and avoid engaging with it. It’s always safer to stay neutral and avoid any actions that could be misinterpreted.
Don’t Use Social Media to Spy on Your Spouse
It’s natural to be curious about your spouse’s activities during a divorce, but using social media as a tool to spy on them is never a good idea. Not only can this be emotionally damaging for you, but it could also backfire legally. If you access your spouse’s social media accounts without their permission, you could be violating privacy laws, which could hurt your case.
Instead of focusing on what your spouse is doing online, focus on your own actions and how they could impact your case. If you feel the need to gather information about your spouse, consult with your attorney about the proper legal channels for doing so.
How the Law Firm Can Help You Protect Your Interests
Navigating the complexities of a divorce is difficult enough without the added stress of social media missteps. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand how important it is to protect your interests during this challenging time. Our team is here to offer the legal support and guidance you need to ensure that your social media activities do not negatively impact your case.
We are committed to helping you achieve a successful divorce outcome, and we will work tirelessly to safeguard your rights and interests. Our firm can help you navigate the legal aspects of your case, including handling any potential social media evidence that may come up. Let us help you make smart, informed decisions during your divorce process.
If you are currently facing a divorce in New York and need help protecting your case, contact us at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. Our team is ready to provide you with the support and legal counsel you deserve.