Originally published by The Law Office of Bryan Fagan, PLLC Blog.
In my daily life before I make any decision of consequence I always ask
myself the following question: “Will my doing (insert specific action
here) benefit me or my family in any way?”. If the answer to that
question is “No”. Then I don’t do whatever it is I was
considering doing. Next, I will ask myself if there are any benefits to
the action if there are any negative consequences that come along with
those benefits. This is where we as human beings run into problems.
So much of our lives are spent deciding if performing a certain activity
was worth it or not. A phrase I think about often is: “Was the juice
worth the squeeze”? Basically, we as functioning adults need to
ask ourselves was the effort to do something worth it in the long run?
In a
divorce case, I have had the opportunity to represent a wide array of folks that
live in our community. Most of them were active to one degree or another
in the world of social media. Older or younger, male or female it did
not matter. We live in a world where
social media is prevalent and when you family and friends are active you become active as well.
Social media usage can be beneficial in some circumstances
Most social media usage is harmless. Posting photographs, commenting on
how big the grandkids have become, etc. Nothing that requires second thought.
This is the pinnacle of social media use in my opinion. Where all you
receive are beneficial results of the usage I can’t argue against
it. A quick perusal once a day for your family and friends and then the
laptop screen is closed and you are on to the rest of your non-digital
life. I don’t see much of an opportunity for there to be negative
consequences associated with this behavior.
Risks associated with social media use are plentiful
However, social media can take on more negative attributes for some people.
Unfortunately I have seen men and women stray from their marriages due
to the availability of social media in their lives. Perhaps their marriages
may have failed anyways, but social media allowed a spouse to reunite
with an old girl/boyfriend and then the rest is history.
Even if your social media usage is more benign than this, there are still
dangers and pitfalls to be aware of and avoid during your divorce. Today’s
blog post from the
Law Office of Bryan Fagan, PLLC will center around the topic of social media usage and its benefits and
consequences.
Limit or eliminate your usage of social media during your divorce
Many people use social media as a method of escapism. Your day to day life
may be stressful or tedious or difficult or whatever adjective you would
like to use. However, simply logging on to a website filled with people
you know (and many you don’t) can help deliver you to another world
that is more or less of your choosing. You get to pick who you see and
who you don’t in the world of social media. You choose the conversations
you get to engage in. You can choose to respond to comments and then ignore
the responses that your comments generate. In short, social media is the
ultimate in one way communication.
Social media can also lull us into a false sense of security. If you spend
your days interacting with 10 people on social media I am willing to bet
that you are more likely to share information, photos and details of your
life with these folks more readily in an online environment than you would
be if you were having a dialogue with the person in real life. We get
a level of comfort from sitting in front of a computer screen with a keyboard
between us and the online world. What’s more- you can do so all
from the comfort of your living room. Sounds pretty safe to me, right?
Unfortunately it is my experience with folks going through a divorce that
social media presents mostly negative consequences for people that continuously
use it for the duration of their case. Divorce brings about emotions like
resentment, anger, jealously and sadness that bubble to surface and can
remain there for days and weeks at a time. If you see a family member
or even your spouse post something online that bothers or upsets you it
may be that you use the ease and comfort of social media to lash out at
that person or at the very least state things that you otherwise would
not be comfortable doing.
Keep in mind that social media postings are very much admissible into the
record of evidence in your divorce. Attorneys are not only adept at searching
social media websites for potential evidence, but we will help our clients
to learn what to look for and how to capture images and postings that
we can use to our client’s advantages. It only takes an instant
for a bad decision to post something online to become a lifetime of regret
due to that posting having a negative affect on your divorce.
This is why I advise clients to stay away from social media altogether
during the divorce case or to at least limit its usage. Maybe you have
the self control to just log on to look at the aforementioned photos of
relatives and friends without posting your own information or responding
to a comment or post of another person. Many are not, however. You need
to know yourself and your tendencies before engaging in social media during
your divorce. If you cannot be assured to act responsibly in regard to
social media my advice is to abstain completely.
If you come across postings made by your spouse tell your attorney
By the same token, just because you are disciplined and follow my advice
to not utilize social media during your divorce does not mean your spouse
will do the same. In fact, in your surfing the web you may come across
postings made by your spouse on social media that draw attention to your
divorce in some way, are critical of you, or even are critical of the
judge in your case. Many people make foolish decisions to do things like
post photos of the new significant other or a fancy new purchase like
a vehicle or jewelry.
Any postings like this that you observe online should be brought to the
attention of your attorney. Even if the postings are not something that
is relevant to your divorce you should not be the one to make that final
determination. Allow your attorney to review the postings with you and
ask you questions about them. Maybe a post doesn’t immediately make
sense to your attorney but you can show him or her the significance of
it in the context of your divorce.
You and your spouse are likely under orders from the judge to not discuss
your divorce with your children or to speak negatively about one another
in public. When your older children have access to social media postings
from parents can be brought to the attention of your kids inadvertently.
Your spouse’s post or photos may violate multiple temporary orders
of the judge. If this becomes habitual then your spouse’s attorney
should be made aware of it or a hearing may need to be called to address
the postings with the judge. Either way- allow your spouse to make these
mistakes, not you.
Questions about social media use in your divorce? Contact the Law Office
of Bryan Fagan
The attorneys with the
Law Office of Bryan Fagan, PLLC appreciate the opportunity to share this information with you today. If
you have any questions about what you’ve read please do not hesitate to
contact our office. We would be happy to set up an appointment with one of our
licensed family law attorneys to discuss your case and address your questions.
We are available to meet with you six days a week.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
from Texas Bar Today http://bit.ly/2B8PVu5
via Abogado Aly Website
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