Brett K. Duncan & Co.
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Don't fall into the social media divorce trap

Divorce has a tendency to bring out the worst in some people. They're hurt, they're angry and some want revenge for the wrongs that they perceive a spouse has inflicted upon them.

That jumble of negative feelings can cause normally levelheaded and intelligent adults to behave quite irrationally. One way to inflict damage to an otherwise solid case is through the use of social media during divorce to cast aspersions on your soon-to-be ex-spouse.

Although publicly rebuking your wife or husband on Twitter or Facebook is never wise or classy, when children are involved, it can be especially damaging. While you may feel that, as the wronged spouse, you have the right to put your ex on blast, rest assured that the court will not see it that way.

In the most extreme cases, your posts could even affect the custody arrangements for your minor children. The judge may assume — rightly or wrongly — that you may attempt to alienate the affections of the kids toward their other parent based on your online postings.

Even if you have a change of heart and delete the posts later, if your ex or anyone else took a screenshot of the vitriol, you'll wind up having to defend your remarks. It's far better to take the high road and avoid this pitfall.

It's okay to vent to close family members, your best friend or a counselor. But resist the temptation to spread your private business over social media sites, and never tweet or update your Facebook status after you've been drinking.

Some family law attorneys encourage their clients to temporarily shut down their social media accounts until their divorces are final to eliminate this temptation. Even if you don't post anything that could be slanderous, you still might wind up embarrassing your children with your posts, and remember — the Internet is forever.

Source: Business Insider, "A top NYC divorce attorney reveals the biggest mistake she sees clients make during a divorce," Emmie Martin, accessed May 19, 2017

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