New York divorce: if you can't post nice things, don't post at all

Posted By Michael R. Varble & Associates, P.C. || 28-Aug-2012

More and more people are using content from social media sites like Facebook against each other. Couples in New York who are getting a divorce will often scour their soon to be ex-spouse's Facebook page for anything they can use against them. One could say that the old adage that says "if you can't say anything nice, don't say anything at all" could be changed to "if you can't post anything nice, don't post anything at all."

Everyone needs to vent frustration and complain from time to time. A lot of people use sites like Facebook as the place to express their frustration. The problem with that is that when the object of our frustration reads the posts, they may be able to use them against you in New York court. Sometimes, when the party the posts are directed at can prove that they are untrue, you could find yourself involved in a costly libel lawsuit.

More and more divorce judges are seeing content from sites like Facebook being offered as evidence. Whether it's evidence of wrongdoing on the part of one spouse, or whether it shows that you don't really need the money you are asking for in court. Posting about a big purchase when you are either asking for or fighting against alimony or child support may end up showing up in court as evidence of means.

The best thing to do is live by the old adage as updated for technology. By not posting about your spouse or about those things that could end up in front of a judge, you can avoid the possibility of it being used against you. Getting a divorce is complicated enough, if the parties involved can avoid any further complications by not talking about each other online, it may make things go more smoothly.

Source: Reuters, "YOUR MONEY-Trashing your ex on Facebook may cost you," Geoff Williams, Aug. 22, 2012

Categories: Divorce

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