Social Media and it’s Impact on Family Law

Family Law Attorney Gregory Burdick

Divorce and Family Law

While there is evidence that divorce is declining in Florida, the need for a savvy family law attorney is still ever on the rise. There’s many areas that will need to be considered in the process and while some divorces can be done simply and quickly in Florida, most can not. Emotions are high and the stakes are also especially high, when children are involved.

Many hot topic areas in divorce and family law cases include Alimony, Child Support, Division of Assets, and Child Custody. Alimony will have many deciding factors including the length of the marriage. In Florida the amount can be effected by evidence of an affair, however first and foremost the length of the marriage is considered. The effect an affair plays on divorce proceedings is almost null. It is so common that most states no longer consider it relevant to the proceedings. In Florida, it still has an impact on many family law cases as long as it can be proven.

Social Media has played a large role in gaining evidence for Divorce and other Family Law Cases. Evidence of affairs can be gained through the internet, social sites like Facebook & Instagram, as well as dating service websites. Indicators of the state of mind of both parents and children whether positive or negative through on-line commentary can determine the fitness to be awarded custody. Other commentary and photos proving evidence of assists, potential employment and resources may be available as well as evidence of custody violations including travel restrictions. Deeper issues may arise with protective orders  and stalking through friend requests or other seemingly friendly social responses such as poking – tweeting – sharing. Lastly, you may be wondering if the close friendship with a particular expert in your case could be seen as bias  – the answer could be a resounding yes based on evidence gathered on social sites.

At the end of the day what is communicated publicly can be used against you in a court of law. However, before you start deleting and un-friending in the midst of your divorce or family law case, consult with your attorney. Evidence “deleted” can also be seen as unlawful destruction of evidence. You may believe that you’re only “Cleaning up” what’s out there but a court of law may view it MUCH differently.

As always, we recommend consulting an outstanding Divorce and Family Law Attorney such as Gregory Burdick at James N Brown PA. Your best protection for you and your family is a lawyer who has compassion and wisdom for family law.