In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC, we introduced the topic of social media use- both leading up to and during your divorce. If you have not already done so, I would recommend going back to read that article to learn some basics about how social media is handled during a divorce and the effect that it can have on your case.
Today we will pick up where we left off yesterday and get into specific pieces of advice that can be helpful to you in the context of having an online presence while wanting to achieve whatever goals you have in your divorce.
1. Your Social Media is Not Private
You should expect the opposing attorney to examine your social media profiles and websites thoroughly. Many people may think of attorneys as folks that pour over thick books in fancy libraries to learn about the law. That is true to an extent, but it is just as accurate that family law attorneys spend time surfing the web to understand what their opposing parties are up to online.
I have had more than one attorney that has made comments about the things they have found about my client either by doing a google search or looking on Facebook. I have used items about the opposing party I found on Facebook.
The point of this tip is to be aware that what you post online is fair game to be introduced as evidence in your divorce possibly.
2. Conduct Yourself Like All Eyes Are on You
If you’re driving in your car or at the office in front of your computer, assume that any and everything you do can be tracked and monitored. I don’t mean this literally- there aren’t any cameras on you at all times. But how you act and conduct yourself can have implications in the future for your divorce.
Even something as small as how you treat your spouse in an email or a text message can cause detriment to your case and family. The whole point of a divorce is to work with your spouse on settling your issues and arriving at a satisfactory conclusion for both of you.
If you act rude or curt with them, that can be perceived as disrespectful or at the very least off-putting. Would you want to work with a person who is nasty to you- even if it’s only online nastiness? I doubt it.
3. Be Careful of the Online Presence You Create During Your Divorce
It is human nature to want to interact with others and build relationships. This can be especially true during a divorce where you will be losing your life partner, leaving a sizeable void. Your friends or co-workers may encourage you to initiate conversation online with old friends or set up a dating profile. Let’s discuss why this is probably not a great idea.
Remember the first two tips we discussed today: opposing counsel is scouring the internet for information about you, and you should live your life during the divorce as if you are under surveillance. Even a casual message board posting or creating a profile on a dating website can generate content the opposing attorney can use.
If you are active online, you may need to completely take a step back and decide to “go dark” during the divorce, cutting yourself off from the digital world. Ultimately, you should be asking yourself, does making “X” stand to improve your life or those of your children? If you are posting on an ex-boyfriend’s Facebook page or creating a dating profile to get attention, then it’s likely that your motivating factors are not in line with the goals that you have for your divorce.
4. Be Honest With Your Attorney
Next, I would always be honest with your attorney regarding social media use and your activities online in general. This is good advice for all facets of your divorce (and life, for that matter), but if there is something out there on the internet that your attorney needs to know about, be sure to inform them. The last thing you want is to have the opposing attorney in your case contact your lawyer with information about you that is less than flattering.
Think back to when you were a kid, and you did something wrong. You had two options: obscure what you did and hope nobody finds out, or come clean and tell your parents.
Your parents might not be happy with you, but they can help you solve the problem and minimize its effects. If you choose not to tell them, they will likely be upset with you anyway – both for not talking to them and for committing the evil deed.
Your divorce is no different. Your attorney is not a parent but a partner. If you don’t share important information with your partner, you are setting yourself up for a difficult divorce. Your attorney has probably dealt with similar situations before and will know how to help you resolve any issues that your online activities have created.
5. Everything You Post Online May Turn Into a Big Deal
Finally, do not assume that whatever you have done in the past on social media will not be a “big deal” in your divorce. I have had multiple clients who have attempted to brush off a posting online or photo as something that happened a long time ago that was no longer relevant.
The problem with that line of thinking is that all it takes is a convincing attorney to turn a seemingly benign photo into a massive issue in your case. Again, if there is something online in the back of your mind, speak to your attorney about it so its adverse effects can be minimized.
Questions about the use of social media in the context of your divorce? Contact the Law Office of Bryan Fagan, PLLC
Thank you for reading through our blog posts on the effects of social media on your divorce. If you have any questions, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. A free-of-charge consultation with one of our licensed family law attorneys is available six days a week.
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Other Articles you may be interested in:
- Maintaining a social media presence during your divorce
- The potential impact of social media on your Texas divorce or child custody case
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- How Social Media Can Hurt You in Divorce
- Getting Ready for a Hearing On Temporary Custody Orders
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Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
