Cell Phones and Social Media in Family Law Litigation: “Don’t say, or do, anything online, or via text, that you wouldn’t say, or do, in front of the judge.”

This is a very difficult subject to try to give advice upon because most of us are not feeling what you are feeling in that moment when you press “send” or “post.” During the family law litigation process emotions are high and reactions are rapid and unpredictable. To even the most calm and centered of individuals, divorce and paternity litigation can push someone to their breaking point.

It is those times that lead to situations where people need to vent their frustrations. In today’s world, those frustrations are, often times, projected online, through text messaging, Facebook, twitter, etc. And the internet absorbs all of that information like a sponge. It may be an obvious statement to point out yet again that communication moves more rapidly today than ever before, but it must be said, because it is so vital that you are careful with the information and image that you portray online and through your phone. In a split second the thoughts that were in your head are out in the world for everyone to see. And it may not occur to you at the time you press “send” or “post,” but all of that information may be admissible against you as evidence in a court of law.

Things like Facebook, Twitter, Instagram, imessage, and text messaging, etc. may have a very substantial impact on your case, as those mediums of communication ultimately provide a window into your private world that the rest of us would not normally see. Most importantly, they can provide a window into your world for the judge to see. In some cases, it happens to be the other party posting or sending unfavorable things, and those things may help your case; but in other cases, it may be you having to explain to the judge what was said or done in pictures and messages displayed on your profile, or sent from your phone. Remember, screen shots of text messages can be easily taken, printed out, and nicely packaged and highlighted for the judge to read.

There is no question that Husbands and Fathers going through a divorce or paternity action are stressed out and frustrated, but in these difficult times you cannot allow yourself to become reckless. The important thing is to allow time to decompress; go fishing, go to the gym, talk with family or friends, or even go see a therapist about what you are going through. Be patient and allow your case to take its course. If you are in the middle of a highly contested case, just relax; if you don’t agree with her, and she doesn’t agree with you, the end result will be that you will each get your opportunity to plead your case to the judge. It will then be the judge, and not the other party, that will decide how your case gets resolved. So, be aware of what you are posting and/or sending and try not to get caught up in every little thing coming from the other party. Control what you actually have control over, and allow your family law professionals to help move your case along to get you to a conclusion that will help you move forward in your life.