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The Role of Social Media in Divorce Cases
When going through a divorce, it is crucial to recognize the significant impact your social media activity can have on the outcome of your case. Opposing counsel will undoubtedly delve into your private life, including interactions on social media and online communications with friends and family. Any missteps in this realm can potentially give your soon-to-be-ex spouse an advantage, particularly in high asset divorce cases.
Impacting Your Credibility
In a contentious divorce, one party may attempt to portray the other as immoral or untrustworthy. Social media posts can be used as evidence to support such claims. For example, if you claim financial hardship to avoid spousal maintenance, but then post pictures of extravagant parties on luxury items and lavish spending, it can seriously undermine your credibility and weaken your position during negotiations.
Child Custody Decisions
Child custody decisions are heavily influenced by the best interests of the child. Any evidence of alcohol or substance abuse, inappropriate interactions, or aggressive behavior found on social media can be used against you. Such posts can raise doubts about your ability to provide a stable and safe environment for your child. It is crucial to refrain from posting anything scandalous or inappropriate, even with a private profile setting, as mutual friends can be asked to share screenshots of your online activity.
To ensure you remain an important part of your child's life after the divorce, it is best to maintain a positive and friendly social media persona.
Property Division
In today's digital age, legal professionals, including forensic accountants, may examine your social media activity to uncover hidden assets. They will check direct messages, shared stories, posts, and email correspondences. If your posts reveal expensive purchases, lavish trips, or generous gifts to friends and family, it may raise suspicions, especially if you have underreported your income during the legal proceedings and intentionally concealed assets.
Uncovering such behavior can significantly impact property division decisions, as the court aims for an equitable distribution of assets. Depending on the court's findings, the financially more stable spouse may be required to pay spousal maintenance and child support.
Contact Kane County Divorce Attorneys
Being cautious about what you share on social media during divorce proceedings is of utmost importance. Avoid controversial topics and maintain your best behavior to prevent your soon-to-be-ex from using your online activity against you. When in doubt, ask a lawyer for legal assistance to help you navigate Illinois law. Contact Kane County divorce lawyers from Shaw Sanders, P.C. by calling 630-584-5550 to book a consultation.
Sources:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+I&ActID=2086&ChapterID=59&SeqStart=100000&SeqEnd=900000
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000
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