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.