The net can be either a blessing or a curse when you are contemplating or actually going through the process of a divorce. The net provides a safe mode of communication for fractured families as well as documented evidence that can be used to support or deny claims during divorce proceedings.
The net provides a civil method of communication during a difficult and emotional experience. Both parties will be aware of the permanence of their conversations and the fact that any abusive or degrading language can be used against the individual in divorce court. This is particularly helpful in cases of divorce arising because of spousal abuse. While verbal threats cannot be validated without the presence of witnesses, online threats can be used to support the issuance of a restraining order against the abusive spouse. Communication on the net can also be used for constructive purposes when a family is being separated by divorce. The non-custodial parent can still be an active part of their children's lives through video chats and can also monitor the effects of the divorce on the children through their postings on social media. It can also provide evidence that may be used in court.
The net can also be used to bolster claims of infidelity through a spouse's postings on social media or through the content of emails and text messages. Financial transactions involving such purchases as gifts and hotel rooms can also be submitted as evidence of infidelity. Evidence of financial irresponsibility can also be gathered through online billing statements or frequent use of online gambling sites.
Of course,the best time to gather evidence online is before proceedings actually commence. Once the offending party is aware that divorce is imminent, they may stop their bad behavior and refrain from using social media. Abusive spouses may also attempt to portray themselves in a more flattering light.
If you are considering divorce, you should assume that any online activity can also be used against you, so you should be on your best behavior. Avoid sharing too many details about your personal issues on social media, and don't denigrate your spouse. Avoid the temptation to flirt or enter into a new relationship online. It creates a negative image of your character and advertises your vulnerability. Even if there are no children involved, you should take the high road and actually live the image of yourself that you wish to present in court.
Contact a lawyer such as Karen Amacker Attorney to learn more.