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Social Media during Divorce

Years ago, before the recent technology boom, events and disputes within the family remained the business of those involved. There was a limited airing of “dirty laundry” to the neighbors. In fact, it was a social faux pas to gossip about the difficulties within your marriage. With the emergence of the age of technology and the birth of the internet and social media, there are no secret details that are left undiscussed publicly with anyone who cares to listen. While posts are entirely the decision of the individual, if you are in the midst of a divorce, you may want to reconsider your next share.

What Could Go Wrong

That feel good video of the children playing may be safe enough, yet if you are posting pictures of yourself and friends having a few drinks in a club, you may want to remember that everyone can see this, even your opposition in a child custody case.

For example, one parent has evidence of actively being involved in the school PTA, volunteers to be a chaperone on every field trip and coaches the local sports team to victory every season. Meanwhile, if the evidence of your lifestyle includes having a marvelous time without the children, the judge may use this to determine that it is in the best interest of the children to be with the parent that looks good on paper.

Also, keep in mind that while Illinois does recognize irreconcilable differences as a reason for divorce, it is not strictly a “no fault” divorce state. Therefore, you may be piling on evidence against yourself with some of the items you choose to share. The faults that can be cited as grounds for divorce are:

  • Impotence,
  • Bigamy,
  • Adultery,
  • Willful desertion (one year or more),
  • Habitual drunkenness (two or more years),
  • Excessive use of addictive drugs (two or more years),
  • Attempting to kill the other spouse,
  • Extreme and repeated physical or mental cruelty,
  • Conviction of a felony, and
  • Infecting the other spouse with an STD.

The bottom line is that if it could potentially harm your image in a court of law, do not post it. You may even consider going back to information previously shared and removing any questionable photos, statements, or files. You may feel like you can trust everyone on your social media account, but cases are won and lost every day with the assistance of social media. Do not let it work against you.

If you are looking for advice about your divorce, it is often best to discuss your situation with a professional rather than your social media contacts. If you are interested in discussing the options available to you based on your current circumstances, contact an experienced Wheaton divorce attorney today at 630-868-3093 to schedule your free initial consultation.

 

Sources:

http://www.huffingtonpost.com/divorce-magazine/social-media–divorce–da_b_9732926.html

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000