Steven Fernandez |

Complex Divorce, Divorce Process, Trial

How Does Social Media Play a Role in the Divorce Process?

You may think of social media as a venue where you can share with your friends what is going on in your life. Social media is a great venue for expressing yourself and your views however isn’t the best place for divorce talk.

If you are going through a divorce, you likely have a lot to say about the subject, as it can be a long and complex process filled with frustrations and conflict.

For many things, social media is a perfectly fine outlet for venting your frustrations, however when it comes to a divorce, it is best to think twice before you post a comment or a tweet.

Policies on how electronic communication can be used in a divorce do not protect you as much as you might think. Even if you do not voluntarily produce records of social media posts, or even if you delete or hide them, an attorney may be able to subpoena the company that owns the social media outlet for records of your activity. While this can be a difficult process, what you said 8 months ago in the heat of the moment could come back to haunt you.

Even if your spouse does not have social media accounts, if an attorney has reason to believe you are saying harmful things about your spouse or the divorce on social media, he or she may take action to use those records as a poor reflection on your character.

In many divorce cases, your character will be on trial, meaning your behaviors and actions will be scrutinized. If your case does go to trial, having evidence against your character can hurt your chances at a favorable outcome.

Speak with an experienced California family law attorney if you have questions or concerns about discussing your divorce in social media. If you have said something you shouldn’t have or are concerned about what your spouse is saying, a skilled attorney may be able to take action in your favor to remedy the situation.

Much of what is posted on social media sites is discoverable, meaning it can be exchanged in the pre-trial process of discovery and used as evidence in trial. However, whether or not you have to subpoena for it will depend on what kind of social media post it is. Some are private, some are semi-private and some are public and the process for obtaining these records will vary based on the type of account.

Speak to an experienced family law attorney with questions or concerns about subpoenaing for records. In any case, always think twice before you discuss the divorce with anyone other than your attorney. Especially with a difficult spouse, it can be easy to find yourself pointing the finger but it is always best to let an experienced attorney draw the courts attention to your spouse’s poor behavior in an effort to help your case.

Are you in Los Angeles County and have some questions about what to avoid doing during your divorce? Certified Family Law Specialist Steven Fernandez has experience handling high conflict divorces in Los Angeles County and will work hard to make sure your interests are looked out for.

Representing individuals in Los Angeles and surrounding areas, Steven Fernandez will listen to your case and, based off your needs, will take action to ensure a favorable outcome for you. Call our office at (310) 393-0236; email us at intake@cfli.com or contact us through our online form today to schedule a free consultation.

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