Social Networks - a Divorce Lawyer’s Nightmare or Dream- depending whose side you are on!

11 April 2012

Watch Out- Social Networks- A Divorce Lawyers Nightmare (or Dream) What you say on FaceBook or Twitter may well end up as evidence in the Family Law Courts!

There is no way I am agreeing to that bitch wife of mine having the kids more as it will mean I will have to pay her even more money!

I will never forgive him for leaving the Marriage. As far as I am concerned, he has no right to see the kids any more and I will gamble all our money away rather than let him get his grubby hands on it!

These are common emotional reactions in Divorce scenarios and once they are up on Facebook, Twitter, Blogs and other social media they can come back to haunt you in Family Law Court Proceedings. These, and other frank comments, appearing on a client’s social media page can form the basis of hours of courtroom cross-examination of the client – and they will not be easy to explain away.

Even if you are careful and guarded when you send a tweet or post a Facebook comment, your newly found internet friends may not be as circumspect:

e.g. I can’t wait for you to get rid of that grumpy old bastard so you can sell the house and we can move to Bali with your kids.  He’ll never be able to find us, and we can live happily ever after- on his money!

Also, family lawyers are often provided with copies of malicious emails or text messages (usually sent in the wee hours of the morning) which seemed like good therapy for the inebriated writer at the time.  However, when read by a lawyer (or a Family Law Court Judge) in the cold light of day, these ill-considered ventings can do a lot of harm to the author’s case.

The message is: if you are involved in a Family Law dispute, avoid using social media.  On the other hand, if your spouse or partner uses social media, make sure you keep track of  what they are saying- you never know what gems you might find for use by your lawyer!

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