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What Impact Does My Use of Social Media and Other Technological Devices Have on Custody and Placement and Other Aspects of My Divorce?

by | Mar 25, 2015

Whatever you place on social media is generally fair game for your spouse and his or her attorneys to include in any trial evidence. While your Facebook information may be funny and outrageous to your friends and family, a totally different spin can be placed on the same information by your spouse or the court. Act under the presumption that anything you place on social media will be accessible to the other party, either through discovery or otherwise.

Check your email, Instagram, Facebook, Twitter, LinkedIn, and other social media accounts. Make sure there is nothing on these accounts that can be used against you in the divorce. Remove or block anything potentially incriminating. Rest assured that if this information is on social media, it is accessible to your spouse and his or her attorney.

Also, be extremely careful of the emails and texts you send to your spouse. They can be kept for years. Emails can be printed. These communications are generally admissible in court.

Every now and then check your car. Make sure that your GPS data is erased. Make sure your car is not tagged with a GPS. Your I-PASS (Illinois electronic toll collection system) can be traced. It is possible to determine when your car has passed through tolls.

Dating websites are also a source of much information, including income and assets. Your web history is also subject to subpoena in some circumstances. Be aware of these factors before and during the divorce process and make sure to take any necessary precautions.  If you wait, it may be too late.

Written by Vanden Heuvel & Dineen, S.C.


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