Why Social Media Can Be Detrimental to Your Case Brian D. Perskin & Associates
Why Social Media Can Be Detrimental to Your Case

 

social media divorce

Social media sites like Facebook, Twitter and Blogs have become fertile ground for evidence to be used in an NYC divorce case by lawyers on both sides.

These social media sites can be used effectively in litigation, with people seemingly unaware of that fact. Posting embarrassing information that can be used against you in divorce proceedings has become all too common.

Here is a perfect example:

  • Mom denies in court that she smokes marijuana but posts partying, pot-smoking photos of herself on Facebook.

In this instance, decisions regarding the mom’s guardianship abilities will likely be averse to her interests, even if she has proven by all other accounts to be fit for custody.

How Social Media Can Be Used Against You

Quite often evidence from social media sites is used in custody cases where one or both parties are subject to scrutiny about their personal affairs. You need to understand that your whole life is being investigated and social media sites are being used as damaging evidence. Photos, status updates, comments, and more are all liable to be used as evidence in an NYC divorce case.  

Sixty-six percent of the lawyers surveyed cited Facebook postings as the main source of evidence in divorce cases, followed by MySpace at 15 percent and Twitter at five percent.

The evidence is easy to find and the Courts do not have any issues with letting this type of evidence in. They essentially give attorneys a wealth of useful information that can significantly impact the outcome of a divorce action, especially considering that nearly one in 10 adults admit to hiding or removing posts due to concerns of their spouses seeing them.

Oversharing on social networks has led to a treasure trove of evidence in NYC divorce actions. The American Academy of Matrimonial Lawyers says 81 percent of its members have used or faced evidence obtained from social media sites like Facebook, MySpace, Twitter and blogs over the last five years.

nyc divorce lawyerIn a recent case, a former legal secretary who was claiming spousal support due to a disability ruined her case by blogging about her belly dancing activities.

The evidence killed her chances of receiving maintenance since it implied that she was capable in ways that she legally swore she wasn’t. The judge denied her request for marital support and also ordered her to pay a sum of $5,000 for her ex-husband’s attorney fees, for “dilatory acts’ ‘ which included failure to turn over discovery materials.

Belly Dancer, McGurk had originally claimed that she was unable to work due to a car accident that resulted in back surgery and the use of pain medication. However, her blog posts indicate that she “swirled around” and “danced herself silly”.

Her argument was that her doctor had suggested belly dancing as a form of physical therapy which the Doctor denied in his testimony.

Clearly the belly dancer swirled herself out of her spousal support deal when her husband tracked down her online blog postings and had his divorce attorney present them as evidence against her claims. He won.

When it comes to social media sites, it is important to proceed with caution and to realize that anything that you post online can be used as incriminating and embarrassing evidence in your NYC divorce case. 

If you need help with your NYC Divorce case, contact The Law Office of Brian D Perskin. Our NYC Divorce Lawyers have over forty years of combined experience in divorce and custody cases and use this to our clients’ advantage.

Our New York divorce attorneys handle cases throughout New York, the Bronx, Brooklyn, Queens, and Manhattan from our two office locations in New York, NY and Brooklyn, NY.

Contact a New York high asset divorce attorney at the Law Offices of Brian D. Perskin today!

Brian D. Perskin & Associates Can Help With Your Social Media Problems

Going through a tough divorce due to your social media posts? The expert team of NYC divorce attorneys at Brian D. Perskin & Associates can help you reach the best possible outcome. Through aggressive, yet intelligent and tactful means, we have successfully defended the rights and property of many clients in the New York area. 

Our emphasis on a case-to-case approach allows us to customize our representative strategies to fit the individual needs of you, the client. We promise to uphold the principles of integrity and transparency and will treat you with dignity and respect. Contact us at 877-826-7257 today to learn more.