All divorces are not the same. Some divorces take place by mutual cooperation and understanding of both spouses hence may not involve many complications, while others may turn into a legal battle between couple seeking separation. In that case, both spouses try to salvage every piece of information at their disposal to obtain an advantage over the other in the litigation process, which may help them in securing child custody or to acquire more assets, amongst other matters.
Therefore, both spouses may try to limit the information they provide access to for the opposing counsel. Mostly, they accomplish this by deleting social media accounts, especially Facebook, which may reveal some valuable insights about their past. Hence, Facebook may play a role in 30% of divorces, and put you at a disadvantage during the divorce battle.
Should You Delete Your Facebook Account During a Divorce Battle?
While deactivating Facebook account may seem like a good option, it is not a very wise decision. It is imperative that you contact your lawyer before attempting to deactivate your Facebook account. Reason behind consulting your lawyer first is that Facebook account is subjected to discovery process in divorce proceedings. Therefore, opposing lawyer will require access and details to your Facebook profile while considering several matters.
They may try to look for a status, post, or even a comment which can strengthen their case and weaken your claim pertaining to any aspect of the divorce. For instance, if you are fighting a battle for child custody, they may try to prove that you are not fit to receive custody of your child by finding negative comments against you, your pictures while drinking at a bar, confessions or any weaknesses which may deem you unfit as a parent. Facebook accounts contain records of your activities since the date your account was created, therefore, it may contain many facts and information prior to the marriage which may put your case into jeopardy.
Hence, opposing legal counsel may persist you to keep your Facebook account active until the legal process reaches its completion. If you attempt to deactivate your Facebook account before the opposing lawyer has obtained information as per their will, you may be subjected to penalties.
Therefore, it can be highly beneficial for your case to acquire services of a competent divorce lawyer as soon as the divorce process initiates. However, you must ensure that you procure services of an experienced divorce lawyer who is familiar with social media and the internet as it will allow them to devise a strategy to counter opposing lawyer’s attempts to sabotage your case. A skillful divorce lawyer will also advise you to delete posts which may portray any sort of negativity and refrain from posting any unnecessary information about yourself.
If you want to find out more about this subject or wish to schedule a free consultation session with an experienced divorce lawyer, contact Fitzgerald Law Firm by calling (630) 946-6060.