Far too many times I have seen clients’ postings, comments, and pictures on Facebook and other forms of social media be used against them in a divorce proceeding. Even if you block your soon to be ex-spouse from your personal page, there are always ways around getting access to your account. Many times family members and mutual friends will allow a “blocked” spouse access to their spouse’s social media pages in order to gather evidence in divorce proceedings.
As reported by the Huffington Post, one Father in Cincinnati, Ohio was almost put in jail for his Facebook posts relating to his wife and ongoing divorce. Even though his Wife was “blocked” from his page, she gained access through a mutual friend. The Husband had written on Facebook “If you’re an evil vindictive woman and want to ruin your husband’s life and take your son’s father away from him, all you have to do is say that you’re scared.” The divorce judge held the Husband in contempt of court for his Facebook post stating that he had violated an injunction to not harass his wife. The judge in this case gave the husband two choices; either apologize to his Wife everyday on Facebook for 30 consecutive days or spend 60 days in jail.
The advice I give my clients is to assume that a judge is reading and viewing each comment, picture, and post you make on any form of social media. Before you make a post, ask yourself “Would this reflect poorly on me should the judge read it?” If the answer is yes, do not share that thought, comment or picture with the social media world. If you are incapable of making that judgment call, I suggest you shut down all forms of social media accounts until your divorce is finalized.