At Ciancio Ciancio Brown, P.C., in Denver, we bring extensive experience to all divorce and family law matters. Our Denver divorce attorneys — led by Cynthia L. Ciancio, President of the Family Law Section of the Colorado Bar — are current on social media and all other issues that have an impact on the rights of our clients.
Social media connects people personally and professionally and has woven itself into the fabric of our lives. Divorce and family law are no exception. Information found on social media such as Facebook, Twitter, MySpace, LinkedIn, blogs, emails and text messages is increasingly being used as key evidence in contested family law cases.
According to the American Academy of Matrimonial Lawyers, 81 percent of divorce lawyers have reported an increase in the number of cases using evidence from social media. Due to the presence of social media in our everyday lives, it is more important than ever to exercise discretion during the divorce process.
Fault or wrongdoing is irrelevant in Colorado divorce cases, but social media evidence can still be a crucial factor where admissible in family law cases. For example, if a parent’s income is under question in a child support or spousal maintenance case, his or her LinkedIn profile may be supporting evidence for proving the ability to find employment. Likewise, a parent’s Facebook profile may provide clues to his or her lifestyle in the context of a child custody case.
In today’s world, we share our experiences with a social media audience without a second thought. Sometimes, however, what we unthinkingly share becomes crucial evidence in the divorce process. Common examples include the following:
Social media posts can become compelling evidence in a divorce case, sometimes conflicting with a spouse’s statements made during their financial disclosure, in a child custody case, and for an alimony request.
Even with strict privacy settings limiting your posts to family and friends, information and photographs shared on social media can be leaked to your spouse or their attorney with potentially adverse impacts on an array of aspects in a divorce and child custody case.
A good rule of thumb is to avoid posting anything on social media about your divorce, financial situation, or child custody during the divorce process, and keep your private life private until the divorce has been finalized. Contact our child custody lawyers in Denver for help on your unique case.
It’s important to change your social media privacy settings during a divorce to the highest degree of privacy and security. Although this doesn’t completely protect against leaked posts and photos you’ve shared becoming evidence used in court, it can protect against intrusive or stalking behaviors.
For example, a spouse may make insulting, intimidating, or threatening comments to you online. Likewise, a spouse may interpret comments you made during a vulnerable, frustrated, or angry moment as threatening or stalking behavior. Social media posts add another layer of evidence in a divorce that can adversely impact both sides.
During a divorce, it’s crucial to change your social media passwords if your spouse knows the passwords or has access to your password storage information. Failing to change your password on social media platforms such as Facebook, X, Instagram, and others could give an angry spouse access to your personal information and social media feeds.
Some spouses have fraudulently posted as their ex-spouse in a way that makes them appear negligent, threatening, or unstable in court. You should also change your email password, cell phone code, and PINs on your bank accounts during a divorce.
Considering a divorce? It is likely in your best interest to use social media less or not at all to avoid providing evidence that can be used against you in court proceedings. To learn more, contact our firm for a case evaluation with our Denver family law attorneys.
