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With the ability to personally curate our lives via carefully crafted posts and pictures, the appeal of social media is evident. However, pitfalls exist when seemingly innocuous social media posts become crucial evidence in a divorce proceeding. If you are contemplating divorce, consulting with a skilled family law attorney can help make you aware of ways to keep your online personality out of your divorce proceedings. Here are a few things you should and should not do on social media during this delicate time.

Do:

Be careful about what you post.

There is no such thing as a private online message. During the divorce process, you must treat everything you do online—post, selfie, or private message—as if it is being done in the courtroom. If you wouldn’t want a judge to see it, don’t post it. Knowing this from the outset is key because the moment you publish something to social media, it can be captured by anyone able to see it via a screenshot, making all attempts to delete the regrettable post futile.

During a divorce proceeding, you may be asked by way of discovery for all social media account names and passwords. This type of request is legal in Tennessee and would allow your former spouse the ability to access all of your online posts, pictures, and private conversations. Consulting with a family lawyer as soon as you are contemplating divorce can help mitigate the possibility of former posts making an appearance in the courtroom. Until then, the wisest course of action is to keep social media interaction to a bare minimum.

Change your password on all of your social media accounts.

family law attorneyChange all of the passwords associated with your social media accounts as soon as possible. In your relationship, you may have shared your passwords with your significant other through shared trust. That once touching sentiment has turned into a potential disaster as your spouse has the ability to pose as you online and cause potential damage to your reputation. Consider using a different password for each social media platform you utilize, and make each something no one but you could guess.

Don’t:

Delete your accounts.

Your family lawyer may advise you to refrain from technically deleting your social media accounts. Since your online life is subject to discovery, deleting your accounts may be seen as destroying evidence, and penalties may accompany such an action. As an alternative, deactivating your online persona can keep past posts away from prying eyes, but the accounts are still there if a discovery request is presented by your former spouse’s counsel. This will keep you out of trouble, and after the divorce is finalized, you can plug back into social media with all your posts and photos intact.

Be Inconsistent.

Social media is a written record, and it’s hard to argue about what you have put in writing. With that in mind, be consistent with what you post online and what you say during the divorce proceeding. What you say in court should always match your digital world. Above all else, make certain that anything you post cannot be used against you.

 

Going through a divorce is difficult no matter the circumstances. Hiring an experienced and trusted family law attorney in Davidson, Williamson, or Rutherford County, TN, can minimize some of the pressure you may be feeling by devising a solid strategy to put you on a successful path to your new single life. The staff at Castles Family Law is compassionate and knowledgeable, offering quality legal services that are second to none. To get started, call 615-804-6086 today or visit the firm’s website.

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