How to Use Social Media During a Family Law Case

 It is no mystery that social media is dominant in our day-to-day lives. A picture posted by your sister with your niece and nephew at the water park, updates from a friend’s birthday party you could not attend, or even a respected colleague’s post about a current topic of political significance. Let’s be honest - you cannot help but “like” it, “high-five” it, or even go one step further to post a comment in response. The pandemic has only bolstered our reliance on digital networks to interact with other people and feel connected, but also “heard” in these trying global times.

As humans, we gravitate toward connections with others in a meaningful way. Family, friends, professional colleagues. And without regard to being (or feeling) worlds’ apart from these counterparts in such uncertain times. Enter - Social Media. For many of us, Facebook, Instagram, Twitter, Zoom, etc. have obliged us with the social interaction for which we seem to yearn in today’s world. So much so that Elon Musk isn’t only trying to conquer outer space, he just bought all of Twitter for a cool 44 billion dollars.

However, social media carries its downsides, especially if you are contemplating or involved in divorce litigation.

Social media may give you the freedom to engage with people in ways that you likely would not feel comfortable doing so face-to-face. Because it is so accessible, it is frighteningly easy to share your unfiltered thoughts without fully considering the consequences. To put it simply, social media provides multiple opportunities for you to “put your foot in your mouth.” Rest assured, these forums keep a record of your activity, posts, and “DMs” (i.e., direct messages) – all of which are more illusively and confusingly referred to as your “metadata.”

This anecdotal explanation of the internet we have come to know, love (or hate), and rely on rings exceedingly true for people who are going through divorces or other significant legal proceedings. It’s very tempting to get the attention you are lacking from your personal or professional relationships while “venting” to others online. Always remember that what you post and with whom you engage on these social media sites can reveal more about yourself than you may want other people to know - not the least of whom is your opposing spouse’s or partner’s attorney. You are all but hand-delivering this information to your legal position or strategy on a silver platter. Not only will irresponsible usage of social media compromise your case, but such behaviors and interactions will also assuredly result in more legal fees to counteract the evidence you have served up to your opponent.

 

What You Post on the Internet Stays on the Internet Forever

With in-person interactions, an offhand remark made to your spouse or partner may be forgotten or contextualized in some other way. However, a post made on social media can be printed out in black-and-white. The subtleties of human interaction are difficult to discern online, even a lighthearted comment can be interpreted as something completely different. You have no way to control how your spouse/partner or others might perceive or try to “spin” your comments, posts, or messages on social media.

Your spouse or partner’s attorney will likely view your social media presence extensively. Information that may have once required hiring a private investigator can now be readily found online. Therefore, you should be upfront with your attorney about your online presence, to the extent, that it could be helpful or detrimental to your case. It is not uncommon for people to share pictures or videos of themselves drinking excessively or engaging in reckless, even illegal behavior. If your spouse is the one with questionable posts, you should also share this with your attorney so that they can decide whether it is relevant or can be appropriately utilized as evidence in your case.

It may be difficult to disclose your own or your spouse’s shortcomings when it comes to online presence, it is important that your attorney is fully prepared for anything that may come up in your case.

The Lesson: Social Media Use During Litigation Is…

Staying offline completely during your family law case is much more difficult than the reality. After all, we rely on the internet and these social media sites almost daily to stay connected. Breaking any habit, especially one in which you may invest most of your waking hours, is tough. Understandable. But, if you do decide to continue accessing social media during litigation, it is important to practice self-control and avoid posting any content that could be used against you. Do not discuss your case, your feelings about your estranged spouse or partner, or air other grievances that could be correlated with the litigation. Keep your online interactions friendly and avoid discussing controversial topics. Do not engage with your soon-to-be ex-spouse/partner under any circumstances – there are other, more discrete methods of communicating with this person. If you find you cannot exercise self-restraint, then it is advisable that you log off completely. However, you should not delete any content or cancel social media accounts unless you have first consulted with your attorney, especially if family law litigation is contemplated or presently pending.

In summary, social media is a great tool for connecting with family, friends, and colleagues, whether close or afar. However, it is very easy to get pulled into its spiraling vortex, only to your detriment. Hence, why it is best to “lay low” or avoid social media entirely during any legal dispute, most especially, one of the family law variety.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals, and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals, and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.

Who Gets the House in a Divorce?

Whenever you are facing a divorce, one of the most common concerns is the family home. In many divorces, the family home is the couple’s biggest asset. Both financially and (understandably) emotionally. Spouses have shared happier times together, and possibly raised children, in the home, which can make it rather difficult to let go or assign a value.

The marital residence is often the primary focus throughout settlement discussions in divorce. Contemplating what to do about this asset often helps place other disputes into perspective, as well. 

Below are three common ways a shared home is addressed in divorce:

Listing the House for Sale

If neither party wishes to stay in the house, or if neither party can afford to – you can place it on the market and secure sales proceeds. Agreeing to sell the home in connection with settling your divorce can help both parties move forward. Those who take this route often prefer to have cash in hand rather than holding on to an asset that reminds them of better times.  However, this option is not without disadvantages as well, especially if you still have minor children living at home, and thus, making it less than ideal to sell during an already-difficult transition for your family. Also, keep in mind that there are other expenses associated with this option, including closing costs, brokers’ fees, and other expenses that might have to be incurred to update, repair or maintain the property pending the sale.

Negotiating a Buyout

It is not uncommon for one spouse to be more attached to the home than the other, or for the parent who will be the primary caregiver for children to remain in the home. Instead of selling the property and having both parties move, one spouse can release his or her interest in the home in exchange for cash, or a promise of payment of cash in the future. In the event the latter is your reality, then your family law attorney should require that the future payments not only be secured by the real estate itself, but that there is also accrual of interest. After all, you already paid for this asset once and should not be ‘dinged’ for accepting monthly periods over a stretch of time following the finalization of your divorce.

Continue Owning the House “Jointly”

If a sale or a buyout does not make sense in your situation, it is possible to keep the house and continue to share ownership with your ex-spouse following divorce. This can continue for a predetermined period; for example, for so long as your minor child or children are still living at home. Or, the parties can opt to retain joint ownership indefinitely, as a real estate investment or simply because market conditions are not prime for selling at that time. This option should be fully explored and discussed with your family law attorney, and the terms of joint ownership following divorce must be explicitly clear in your divorce decree.  

In Summary…it is best to secure competent counsel who is experienced in family law matters to help you weigh the “pros and cons” of each of these options.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.

How Long Does It Take to Finalize A Divorce?

 When you marry, you rarely anticipate your relationship to ever come to an end. The unfortunate reality is that many couples consider divorcing throughout their union, and many couples that do contemplate divorcing will end up doing so. If you have concerns that your marriage relationship can no longer be salvaged, it is understandable that you may wish to move through the divorce process as quickly as possible. Ending a marriage is emotionally difficult, but your post-divorce life can represent a fresh start. So, it is important to remain optimistic, although you will undoubtedly want to know how long the divorce process will last.

First, it is important to acknowledge that each divorce is different and presents its own unique hurdles. It is impossible to give an exact timeline. Many issues could arise that impact the duration of the proceedings. Your attorney will handle essential tasks on your behalf, such as the ones listed below. However, you can gain some perspective on the duration of a case by familiarizing yourself with the steps that are involved.

Prepare & Plan

The best way to ensure the smoothest transition begins before you even file for divorce. In addition to procuring competent counsel, you can set yourself up for an easier road by opening separate accounts, creating a list of community and separate property, addressing care for and needs of any children shared with your spouse, and creating current and prospective budget of your monthly needs and expenses.

Filing for Divorce

Either spouse can file for divorce. The first party to file is designated as the petitioner and the other party is then referred to as the respondent. The petitioner’s original filing for divorce will need to include a reason for the breakdown of the marital partnership, but you do not necessarily need to include specific grounds for divorce as Texas is “no-fault divorce” state. After divorce petition is filed, the petitioner must serve the respondent with those pleadings along with notice of any preliminary hearings. If a divorce is uncontested, the respondent can decline personal service of process by executing a waiver of service without also waiving any of their rights to defend and pursue their requested relief as to children and property.  

Establish Temporary Orders

The time between initiating divorce and the entry of the final decree can vary. This is especially true if the parties involved need to request that the court enter temporary orders. Basically, temporary orders line out what the parties should and should not do while the divorce is pending, and will also address temporary custody, possession and access, child support and spousal support, as well as access to community property owned by the parties and responsibility for recurring monthly expenses of the household.

Resolution of Divorce Issues

The most common issues that arise in any divorce include the division of property (both assets and liabilities) between spouses and custody, possession and access and support of any children born or adopted during the marriage. In many cases, the parties can reach agreements on these details without court intervention through informal settlement discussions or mediation, with the guidance of their respective attorneys. If an agreement is reached in mediation, a judge must approve the parties’ agreements if the parties assert that the terms of settlement are in the children’s best interest and that the property division is fair and equitable to each party. If both parties cannot reach an agreement on these items, the court will hold a contested hearing or trial, as necessary. At the conclusion of the hearing or trial, the Judge will issue a ruling that both parties are essentially “stuck” with and must follow unless that judgment is appealed or modified.

Final Divorce Decree

Whether the issues are resolved by mutual agreement, mediation, or through a contested hearing, the case concludes when a Judge enters a final divorce decree. The final decree will line out specific details on property division, custody, possession and access, and future support of the children and/or one of the spouses. The court’s order has the full legal effect of law, so there are consequences if a party violates the terms. The final decree can later be modified by agreement of the parties or through a the modification process.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  Jenkins & Kamin, LLP endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.