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Evidence from Facebook plays a role in marriage and divorce

A few weeks ago we talked about the impact social media -- such as Facebook and Twitter -- can have on a divorce. Things that you post on social media sites, especially harsh, critical or revealing information, can really come back to bite you during divorce proceedings.

Facebook is more widely used and is more capable of aggregating potential evidence, so you should think through what you are going to say before you post it if you are at any stage in the divorce process.

In the immediate aftermath of deciding to divorce (but before filing), you may feel emotional or angry about the situation at hand -- especially if you were reluctant. Taking to Facebook and making this known may be therapeutic, but if your message is malicious, it could reflect poorly on you in family court and subsequently hurt your case.

During the divorce is, arguably, the most important time for you to avoid any revealing Facebook posts. If you claim to a judge that you don't have a lot of money but there are photos on Facebook that show you taking a new car out for its first ride, you will be far from a sympathetic figure in the eyes of the judge.

This holds true after the divorce is complete, as misappropriating your conditions (which is then confirmed via Facebook) can lead to alterations in the settlement you and your spouse agree on.

Remember that what you post on Facebook may feel as if it is only being viewed by a few people. However, the site is anything but private, and your posts can be used as evidence in a divorce case.

Source: CBS New York, "Seen At 11: The New Face Of Divorce," April 26, 2012

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