Social Media During a Divorce in Arizona
In terms of legal matters, an Arizona attorney is going to advise you against posting anything pertaining to those on social media. There are legal ramifications that attach themselves to the social media posts that make them admissible in court. What this means is that anything you or the other party of a divorce post on a social media platform can be used as evidence in the divorce case to discredit one or both parties.
What is considered social media in the eyes of the court?
In Arizona courts, social media is not just limited to platforms like Facebook and Twitter. Social media includes:
- Videos posted online
- Photographs posted online
- Social networking posts and comments
If you have a footprint on the internet where you post or interact, this can be admissible under the law of Arizona courts.
How Social Media is Used
Filing divorce is a hard time for families. Words are said or even typed that cannot be taken back, even if you delete them. Once you obtain legal counsel in an Arizona divorce, one of the warnings they will give you is warning you about social media. It is recommended that if you have to post on social media, refrain from using expletives, and make sure your privacy settings are extremely high.
The best thing you can do during a divorce or other family law case is to disconnect from social media entirely. The opposing party can and will use the items online to enhance their case against you. If you know that the other party in the case is continuing to post and network via social media, pass this along to your Arizona divorce lawyer. You cannot, as a part of the case, cyberstalk, cyberspy, or harass the other person.
Click here for an article from the National Law Review on social media evidence in divorce cases.
Things to Avoid Posting on Social Media
If you cannot stay off of social media, for whatever the reason may be, there are things you should avoid doing during the divorce proceedings. If you have children with your spouse, you are divorcing, then both parties can use these postings to enhance their cases.
Avoid doing the following online:
- Criticizing the other party
- Even though letting off steam can make you feel better, Arizona divorce lawyers will strictly forbid negative comments criticizing the party you are divorcing. Making inflammatory remarks against the other party can make the case difficult.
- Dating Applications
- Arizona attorneys are going to recommend that you refrain from bringing new partners into the picture until after the divorce is final and custody is established. The judge won’t factor in infidelity if you are dating. However, the judge may use it in a custody hearing.
- Flashy New Purchases
- The division of property is a hot topic in divorces. If either party is posting expensive new purchases during the divorce proceedings, the courts may feel they are lying about their actual income.
- Posting Questionable Pictures
- As tempting as it may be for either party to prove they are doing fine while going through a divorce, it is frowned upon by Arizona divorce attorneys. If there is a custody battle during a divorce, either party could use pictures posted on social media as proof of alcohol abuse or excessive party habits to prove the party is not responsible enough.
Follow the Advice of an Arizona Divorce Attorney
Arizona divorce attorneys have handled thousands of cases in the Arizona family court system. They know what will and won’t be admitted for evidentiary purposes. If you are in doubt about what you should do with social media, make sure you ask your attorney what you should do. The chances are likely that they will advise you to conduct a social media blackout during the proceedings. When in doubt, ask your Arizona divorce attorney.
Find out about Arizona fault based divorce.