Facebook and Family Law Statistics Are In

Most people overlook the old adage 'a picture tells 1,000 words' including how much alimony you can afford, what kind of people your kids will be around when they're with you, whether you may be cheating on a spouse or partner and many other facts you may be unwittingly disclosing for your spouse to use in a contested divorce. Facebook has made it so easy to meet new people and also find out what your spouse is doing that the social media site is responsible for 20% of all divorces in the United States. Computers leave trails for spouses and former spouses to find out about indiscretions and other information simply by turning on the computer, plugging an entry into a Google search or filling in information when autofill takes over and inserts your "other email address." The next time you wonder why your former spouse or partner is filing another motion for more alimony just think of all the pictures of your well-appointed home, your elaborate vacations and your new car that you have posted on Instagram while claiming you only make $30,000 per year. In our law practice, we used to be provided with printouts of emails then cell phone texts but now we are routinely provided printed pages from Facebook and Instagram for divorce, criminal and even business matters. With the aid of social media every citizen with a computer or smart phone is a private investigator. Even deleted messages can be recovered with the right amount of time and energy or, in the case of a high net worth divorce where someone liquidated substantial marital funds, a subpoena. Maybe you are wondering "how could someone be so careless as to post something incriminating on Instagram?" Follow that thought with the memory of the last time you laughed as you opened an email where a friend had tagged you in a picture they or someone else posted. Even if you delete your entire Facebook account you may have already deleted your marriage, child custody, overnight visitation or bank account if you have posted or been posted online. If you are facing alimony, divorce, custody, visitation, parenting time, child support or other issues as a result of social media you should obtain experienced legal counsel immediately in order to limit any damage that you may be exposed to. For more information regarding family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of legal counsel.

Social Media Further Complicates Divorce, Alimony and Child Support

As if everything that becomes part of a divorce proceeding is not complicated enough, new trends in social media seem to complicate many aspects of a divorce such as calculations for alimony and/or child support. At an ever increasing velocity, people from virtually every age demographic are beginning to embrace the various forms of social media to connect with each other and share moments of their lives. There is no doubting that the pervasive use of social media has drastically impacted society and the lives of all of those who make use of social media hubs such as Facebook, Instagram, and Twitter. Although many people would be quick to note that these social media forums have positively impacted their lives, it is very important to acknowledge the very real and very negative impact they could have during divorce proceedings. In a divorce, during the equitable distribution phase, the value of marital assets becomes a critical aspect when the parties are negotiating a divide of the marital estate. Social media activity can indirectly or directly provide the opposing party and thus the court with a chronicle of a party's financial health and activity. For instance, if a party has been posting pictures of the vacations they have been going on or the new car they just bought, they are providing their adversary with information that may profoundly affect their legal strategies. Further, similar activity across social media websites could make it very difficult for a party to claim financial hardships - which impact the amount of alimony and/or child support that he or she may end up being obligated to contribute. In addition, even information that one party may post on an internet dating service website could be used to prove salary range or career moves. The takeaway from this discussion should be that any person who is currently engaged in a divorce or who is contemplating that they will be divorcing in the future should pay particular attention to his or her social media identity. Anything and everything that he or she posts can and may be used as evidence in many of the normal aspects of a New Jersey divorce proceeding. If you or someone you know is considering filing for a divorce in New Jersey you or they should seek out the advice of an experienced attorney to help prepare and guide you through the divorce process. For more information about divorce, equitable distribution, alimony, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com and NJCivilUnionLaw.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.