Friday, October 24, 2014

HOW SHOULD DIVORCING COUPLES HANDLE SOCIAL MEDIA?

On behalf of Askvig & Johnson, PLLP

As residents of Minnesota are probably aware, we are living in a day and age where social media websites such as Twitter, Facebook and many more are very prevalent throughout our society. Oftentimes individuals with profiles on these websites will express their feelings about whether they are happy or frustrated. This may seem like a harmless activity and feel like a good way to vent, however, couples that are going through a divorce may want to be careful about how they handle social media websites throughout the marital dissolution process.

Postings on these websites could be brought into the courtroom. Some people have even suggested that a couple should move forward with a complete social media blackout while they are going through the proceedings. When a social media blackout is not feasible, there are a few things about behaviors on social media websites that the couple should keep in mind. These tips are valid whether it is a contested divorce or an uncontested divorce.

First of all, the individuals should update their privacy settings and also understand that even if someone is "un-friended" a mutual acquaintance can provide access to social media profiles. Second, it is important to avoid commenting publicly on the proceedings, especially those things that have happened in the courtroom. It is hard to know how those types of comments would impact a case if they get back to the judge. Lastly, avoid posting details of discussions that have taken place between client and attorney. This may serve as a waiver of attorney-client privilege and could make the spouse's case increasingly difficult.

A divorce is almost always a difficult situation for both individuals to experience. It is important that the couple handles their dealings on social media websites carefully during this time so they do not increase the difficulty of an already difficult situation.


Source: WTOP, "Navigating social media during a divorce," Neal Augenstein, Sept. 9, 2013

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