If you are involved in any matter which may potentially be litigated, including divorce, it is the best practice not to post anything on social media. If you are separating from your spouse, keep in mind that nearly everything you post, tweet, Instagram, email and text is public and fair game in litigation. Your communications, location, relationships, purchases, and more can be easily uncovered through use of your computer or cell phone and it is highly unlikely that any information gained through social media will be protected from discovery in litigation. Further, just because you “delete” a post, text, etc., does not mean it cannot be found later by a forensic expert and such forensic investigations are commonplace in divorce litigation. So if you use social media, here are some good rules of thumb:
- “Friend” anyone unless you are absolutely sure you know that person and want them knowing your business
- Post any photographs or video of yourself or allow others to “tag” you
- Post anything about yourself or your personal or professional life that you don’t want the entire world to know and you don’t want to have to explain or apologize for later
- Send emails, texts, messages, or other written statements regarding your case to anyone except your attorney
- Participate in blogs, chat-rooms, message boards, etc.
- Disclose your day-to-day or vacation travel plans