How Social Media Can Impact Your Divorce In Nebraska
Posted By: William Finocchiaro
In this article, you will discover:
- Whether social media posts are admissible as evidence in Nebraska divorce cases.
- If your social media posts and comments can harm your case.
- Why mentioning your divorce case online can be risky and detrimental to your case.
Are Social Media Posts Admissible As Evidence In A Nebraska Divorce Case?
Social media posts made by either spouse in a Nebraska divorce action can generally be admitted into evidence. It happens more than you might think. However, if a third party (such as a family member) made the legally significant social media post, it may be necessary to have that third party appear at trial to avoid evidentiary issues such as hearsay.
What Types Of Social Media Activity Can Harm My Divorce Case?
Any social media activity that is negative, demeaning, derogatory or otherwise inappropriate can harm your case. While many social media posts involve satire or comments made in jest, it’s not difficult for them to be taken out of context or misrepresented.
Because the courts base decisions regarding custody and parenting time on the children’s best interests, social media posts made by either spouse can become part of the equation. As a general rule, if you wouldn’t want the judge or the trier of fact to see a post, it’s best not to post it.
Can Deleted Or Private Social Media Messages Be Used In Divorce Proceedings?
Deleted or private social media messages can be used if you can find them, but they can be challenging to obtain. Many social media companies are not quick to respond to subpoenas requesting this type of private information, or they may not comply at all.
Still, if there’s a deleted or private message that is lawfully obtained, it can be admitted into evidence. It’s worth noting, however, that the judge or the courts may consider or analyze a private message meant for one individual differently than a post for the whole world to see. The interpretation would depend on the context and circumstances.
Can I Discuss My Case Or Vent About My Ex Online?
Mentioning or venting about your case online is never a good idea. It’s almost always a matter of how damaging the comments will be to your case rather than how it will help. Posts meant to simply let off steam could very well hurt your case.
Divorces are difficult for spouses, children and the family unit as a whole. While it’s normal and healthy for someone going through a divorce to talk about the case and how it’s impacting them, it’s essential to find an appropriate medium. Online discussions or comments for the whole world to see are not the proper forum.
What Should I Do If My Ex Posts Harmful Or Misleading Content During Our Divorce?
If this happens, provide the content to your counsel immediately so they can determine the best way to proceed. A possible course of action may be a demand for the content to be removed. It may also be addressed at the time of trial in support of your request for custody or parenting time.
If a parent posts harmful or misleading content in the middle of a divorce, it can have damaging effects on both parties, children, other family members and employment. Those consequences would be considered by the court when determining what custody and parenting time arrangements are in the child’s best interests.
Case Study: How Social Media Evidence Helped Protect My Client’s Interests In A Contentious Divorce
We had a difficult case where a wife made some serious allegations about her husband, our client. The allegations came out of left field, and our client was shocked. He was adamant the claims were untrue.
In this case, thankfully, we were able to obtain social media posts that included the wife’s plans to fabricate a story that would potentially harm the husband’s employment situation and his request for joint custody. The social media posts were used to refute these allegations, and our client was able to obtain his desired relief and equal parenting time with his children.
Still Have Questions? Ready To Get Started?
For more information on the impact of social media on Nebraska divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 345-7600 today.
