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How Can Social Media Impact Your Divorce?

Divorce has always been contentious, but social media has added a new twist. During the divorce, couples may find their e-mails, text messages, tweets, and Facebook postings used against them. These social media posts will often be attached to legal briefs and memorandums as exhibits and evidence for the public record. Over the last several years, three major issues have come up around social media that divorcing couples should be aware of before they click “send” on their phone or laptop.

Issue #1: Messages To and From Opposing Parties

The first major issue is that parties often text or send messages to their ex-spouse can be used against them during the hearings or trial. Even a message as innocent as “WHY WON’T YOU REPLY?!” can be introduced as evidence of stalking to obtain a restraining order. The simplest response is to avoid sending messages to the other side while the case is ongoing, but this isn’t always easy or even possible. In child custody cases, parents are often forced to communicate about pick-up times, vacation days, and illnesses. If parents have to communicate, they are also typically under court order to be civil and polite to one another. Under a court order, sending disrespectful e-mails or text messages to the other parent may result in contempt of court charges, especially if the parent sending the messages has been warned.

Divorce_social_mediaIssue #2: Lifestyle Postings

The second issue is that parties often post messages about their lifestyle which are often used as evidence against them. One common tactic to stop spousal support requests is to show the supported spouse is financially better off than he or she portrays.  If a spouse claims she needs support because she makes less than her husband, her Facebook Page should not show her traveling to exotic locations. Even a picture of a shopping spree might sway the judge to rule against a temporary support request. Similarly, if one parent is under court order not to contact a child, that parent should not be using social media as a means of circumventing the order. Such messages will most certainly be used against the parent at the next custody hearing. Of course, the best way to address this issue is to avoid posting any picture or making any comments about one’s financial circumstances until after the divorce has been completed and all the assets have been divided.

Issue #3: Third Party Messages

The last issue is that social media such as Facebook allows third parties to engage or even harass the parties. During a divorce, friends and family members often feel compelled to choose a side, resulting in social media posts that can improperly influence a court case. Statements often range from outraged concern such as “how could you do this to her? She’s been nothing but good to you!” to outright threats, such as “if you don’t stop spreading these rumors, you’ll never see the kids again!” What can you do if (former) friends and family are sending harassing text messages or inappropriate Facebook postings about the divorce?

 In some instances, the best play might be to ignore them. The messages might be annoying, but other than being stressful, they can’t cause any real harm. Furthermore, family law judges have limited jurisdiction and cannot order a family member living three states away from doing anything. The second option might be to have your attorney send a threatening letter asking the person to stop the messages. The court might not be able to back up the letter, but in many instances the bluff is often enough to convince the family member or friend to stop. Finally, if the harassing party is in fact living in the state, the presiding judge can issue a restraining order ordering the offending party to cease and desist.

Authored by Jason Cheung, LegalMatch Legal Writer and Attorney at Law

Posted by LegalMatch on June 19, 2017 in Current Affairs, Divorce, Marriage, Web/Tech | Permalink | Comments (0)

Tags: divorce, family law, social media

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Family Law Basics

Family Law Basics

Posted by LegalMatch on February 09, 2016 in Child Custody, Divorce, Marriage, Web/Tech | Permalink | Comments (0)

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The Secret Flipside of the AshleyMadison.com Hack

Inside the AshleyMadison Hack

As hacker operations grow more sophisticated each year, security measures struggle to stay on top of the game. In the past year alone, dozens of large-scale hacks led to the theft of millions of identities. Home Depot, Ebay, JP Morgan Chase, the U.S. Office of Personnel Management, the IRS, Sony Pictures, and Ashley Madison all made headlines this year for security breaches.  Cheating

The Ashley Madison hack became one of the most scandalous news stories of the year due to the controversial nature of the website. AshleyMadison.com is an Internet hookup website that connects single individuals with married people looking to have an affair. While the website was touted as entirely secure and private, hacker group CynoSure Prime discovered flaws on the login page that allowed them to steal 11 million usernames and passwords. This gave CynoSure Prime access to identities of AshleyMadison users, many of whom are famous, including Josh Duggar, Sam Rader, Jeff Ashton, Jason Dore, Josh Taekman, and Chris Christie’s brother.

Unfortunate Consequences of the Hack

This hack was certainly a catastrophe for Avid Life Media, the owner of AshleyMadison.com. The CEO, Noel Biderman, stepped down recently. Reporters shortly thereafter discovered that a majority of the female users on the website were robot profiles and users have been abandoning the website in droves.

However, the hardest hit in this debacle is not AshleyMadison, but the users whose identities were revealed. With the release of AshleyMadison.com user names came the outrage and fury of millions of scorned spouses. Many high profile couples have issued statements saying they have decided to stay together following the calamity, but divorce attorneys predict that most couples will be unable to weather the storm. In fact, many New York divorce attorneys have reported an influx of calls and new clients due to the data leak.

Seeking the Guidance of a Divorce Attorney

Many of these callers are spurned husbands or wives who discovered that their soulmate has been searching for another online. However, other callers are the AshleyMadison users themselves, desperate to know their rights and how to protect their assets should a divorce follow. These users are wise to solicit counsel early on. A skilled divorce attorney is the only person licensed to provide legal advice.

Authored by Jessica Long, LegalMatch Legal Writer

Posted by LegalMatch on September 28, 2015 in Current Affairs, Divorce, Marriage, Web/Tech | Permalink | Comments (0)

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