Last week's blog was about how social media can impact your immigration process. This week we are going to analyze the impact of social networks on your family case.
Whether in a process of divorce, custody, payment of alimony, child support or relocation of minors; know that your social networks can and will be used as evidence by the other party. As lawyers, we can, and in fact it is quite common practice, to check the social networks of the other party in search of evidence to help us prove our case.
In the financial realm, social media posts help us to show that people are lying in their mandatory disclosures if they declare a very low income, and we managed to find evidence on social media that the person has a high style of life, which does not correspond to the declared income. Photos of trips, parties, jewelry, expensive clothes, and cars can create a problem for you, even if you find yourself telling the truth. On one occasion, the attorney for the other party used Instagram posts to show that my client had more money than stated, due to the photos of the jewelry that he posted. My client had to admit that most of the jewelry on his social networks were borrowed or were fake. Despite my client prevailing in court, my client was forced to deal with this incident, which made the proceedings longer.
In divorce proceedings, even though infidelity does not represent a cause for divorce, the use of the assets that make up the matrimonial community of assets in extramarital affairs may represent a problem. Posting photos with your lover, even with your current partner if you are separated, living the good life, can make your spouse file a motion in court requesting reimbursement of the money that you are spending with someone else.
In the custody proceedings, it is where perhaps social networks play a more important role, and where we lawyers use them the most. Publications at parties, publications where one of the parties is drinking, publications where the person checks in at the same bar on several occasions, publications about how much he/she hates the job, and others, are more than enough to prove the lack of responsibility for the care of minors when determining custody and care. One of the most controversial cases was a client who regularly left his work on Fridays and went to have a few drinks at the end of the working day, the famous "happy hour", and of course these outings, apparently harmless, ended always on social media. Well, several of these publications were enough to deny my client the care of his children during the weekends, because the judge determined that his conduct was not the most favorable for the best interest of the minor.
My advice is that, if you are in a divorce, guardianship, or any family proceedings, delete your social media, or if you can't, keep it private. Also, to remove the counterpart from your contacts, and exclude from your friends or followers their family, friends, or anyone who could give your ex access to the information you publish. And of course: be careful with the publications.
If you need help with your family process, give us a call today. The first consultation is free. In Y. Morejon Attorney, P.A. we can help you. We give you the personalized help that your case deserves. Here, your problem is our problem.