Divorce and Social Media
TikTok fixture and Twitter’s hottest rising star, 15-year-old Claudia Conway, just got her cellphone confiscated by her mom, Presidential Counselor Kelly Anne Conway, not long after she tweeted to her father, Never Trumper stalwart George Conway, “sorry your marriage failed.”
Few marriages are immune from the pitfalls of social media. Whether the problem is jealousy occasioned by torrid Facebook Messenger exchanges with old flames, secret Instagram accounts that your spouse managed to hack, or overly-aggressive Twitter exchanges that occasionally result in unpleasant consequences in the real world – police visits, job loss, or alienation from other members of your family’s social circle; there is no question that social media plays an increasingly important role in the divorce process.
Some relationships are torn apart because of the political radicalization that naturally occurs as a result of following and re-tweeting and liking posts by the outspoken, aggressive partisans who tend to dominate social media exchanges. Other marriages hit the skids because a partner spends way too much time on Parler or Tinder, and can no longer be bothered even to take out the garbage.
Surveys of divorce attorneys reveal the not unsurprising result that over 80% of them have used social media evidence in their cases, whether to substantiate claims of adultery, indicate state of mind, or prove a pattern of abusive expression.
Any divorce lawyer worth her salt will check the public social media postings of her client and his spouse at an early stage of representation. Some even check up on you as soon as they receive your initial call, and may even reject a client on that basis.
Judges are not generally considered to be overly-sensitive creatures, but an adverse Facebook comment about the judge is not something that any lawyer wants to have to explain away in open court. Please don’t live-tweet your divorce!
Be honest with your lawyer if there are troubling issues related to social media involved in your divorce. This will allow your legal advisor to craft a strategy to minimize the effect of such loose ends on settlement negotiations.
Hirsch Legal, LLC, based in Shelton, is one of Connecticut’s top divorce and family law firms, serving clients in New Haven and throughout upper Fairfield County (Westport, Bridgeport, Danbury, Milford, Trumbull, Monroe). Our principal attorney, Carmina Hirsch, is Internet-savvy and quick on her feet. She will help you find the right approach to keep your divorce trial or divorce mediation from being all about your embarrassing chatroom boasts. If you need advice on divorce or a custody matter, call today!