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Caution: Social Media and Divorce

Published: December 19, 2012

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Caution: Social Media and Divorce

It’s fun to add pictures and status updates to social media sites, and everyone’s doing it. From Facebook to Google+, it’s hard to find someone without a social networking account. Before you start posting about your divorce, though, think twice: social media sites can really throw a wrench into the inner workings of your case. Your Mississauga divorce lawyer might recommend that you avoid posting anything at all about your divorce—and if you can’t resist, at least change your profiles’ privacy settings so most people can’t access your personal information.

Making Your Online Presence Private

It’s usually a good idea to make your social media profiles private, even if you’re not in the middle of a divorce. Anyone with an Internet connection can see public profiles, including potential employers, ex-lovers and kids.

Beware the Overshare

Many people who use social media sites during divorce do so at their own peril. Your Mississauga divorce lawyer will probably advise you to censor yourself, because your ex may be able to use what you post against you later. Using social media as an outlet to slam your spouse’s character, share embarrassing stories or lay the blame for your divorce can start a firestorm that you can’t put out.

Your Kids and Social Media

Making private information available on Facebook, Google+, Twitter or any other social networking site can be risky. Your kids may have access to the things you post, which can cause confusion, hurt and resentment. Your Mississauga divorce lawyer might recommend that you read through all your previous posts and delete anything that might be construed as unflattering toward your ex or that relates to your divorce.

New Romance during Divorce: A Social Media “Don’t”

While most Mississauga divorce lawyers recommend that their clients wait before diving into the dating pool, some people still choose to do so. If you do choose to date before your lawyer gives you the green light, you’ll definitely need to refrain from posting the details on your social media profiles. Your ex, your ex’s family, or others might be able to get information you don’t want them to have—even if you think your profile is private. (If you are dating during divorce, make sure your Mississauga divorce lawyer is aware so he or she can provide you with legal advice that pertains to your case.)

Staying under the Radar is Often Best

You don’t have to delete all your social media profiles just because you’re getting a divorce. On the contrary, it can be helpful to stay in contact with friends and family through your favourite social networking site(s). However, you should be mindful of what you say and how you say it; you never know who’s reading.

 

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - divorce & separation

If you are litigating your matter, social media posts made by your spouse or partner may be relevant, especially if they contradict what your spouse is claiming in his or her pleadings.

For example, if a spouse is claiming financial hardship, a Facebook post that shows that spouse going on an expensive trip or posing with an expensive car can undermine such claim  and, potentially affect that party’s credibility in court if presented as evidence on a motion or at trial.

Further to photograph-based posts, statements that are made on social media by one party can be relevant if said posts (i) are related to the litigation, to issues of parenting  and/or (b) they contradict statements that were made by the party in his or her pleadings. For example, if a party who is attempting to establish that he or she is an appropriate custodial parent, then recent social media posts about extensive partying and drug use made by that party may be relevant in court, as they may speak to that party’s fitness when it comes to appropriate supervision of a child in his or her care.

No. The law does not favour mothers over fathers in divorce proceedings. The judge will base his decision on the evidence laid out by both parties.

The Ontario Attorney General’s website estimates that divorce proceedings can take approximately four to six months to complete, provided that all documents have been appropriately accomplished and submitted on time.

No. You are not required to get a lawyer for a divorce. However, it is best if you retain one to ensure that you fully understand all your rights and obligations.

A joint divorce application occurs when you and your spouse both agree to a divorce and on all other family law matters such as parenting, spousal support, or division of property.

The main distinction between divorce and separation is that divorce ends your marriage formally. You and your partner are no longer married.
If you’re separated, you’re still legally married to each other even if you receive a formal separation, and you must continue to record that you’re married on documents.

Yes, it is different. Family law problems are addressed mainly by provincial laws in Ontario. Divorce law, on the other hand, is controlled by federal legislation in the form of the Divorce Act, which applies uniformly across the country.

Divorce can be a difficult decision to make, especially if you’re unsure if your partner will sign the petition. However, a divorce does not require your partner’s consent. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.

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