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Tag Archives: social media and divorce

Wheaton divorce attorneyDivorce can impact many areas of your life. Your marital finances, time with the children, and ownership of assets are really just the beginning. Parties can have their information highjacked, or even their reputations ruined by a vindictive spouse. Thankfully, there are steps that you can take to protect yourself and your children during the process. Start by ensuring you address these technology issues before you file or tell your spouse about your plan to divorce. 

Change Your Passwords 

In today’s digital age, nearly everyone stores and shares information online. Couples also tend to share devices, data, passwords, and even some of their accounts. Sadly, that unfettered access in a divorce can create all sorts of issues. Spouses can gain access to data and financial information that does not apply to the divorce (i.e. an inheritance that was gifted to you after the separation) to hike up your child support or spousal support obligations. A vindictive spouse could attempt to drain your bank account and transfer everything over into their name, or they may even go so far as to delete important information or mine your social media accounts and photos for details they can use against you in custody proceedings. 

The first step to preventing such an issue is to ensure that you change all of your passwords - including the one that you use to log into your devices. Avoid using generic passwords, or anything with significance to you or your spouse (i.e. names and birthdays of children). Instead, use a strong and random password generator and store your passwords on a secure digital keychain (specifically one that your spouse cannot access). 

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DuPage County divorce lawyersCell phone linking while you are married can make life simpler; you and your spouse can easily share photos, documents, and pertinent personal information (i.e. locations, banking information, etc.). Unfortunately, that same technological feature can be your undoing in an Illinois divorce. Learn how you can protect your personal digital information in the following sections. 

Email Accounts and Linked Cell Phones

Of all the information that your spouse can access from a linked cell phone account, emails are perhaps the most concerning. That is because most people now receive legal advice through email. Bank account alerts may also be sent through email. As such, divorcing parties are encouraged to change the password to their email accounts before they even initiate a divorce. If you are not the initiator, change your passwords as soon as you receive notification of the impending divorce. 

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DuPage County divorce lawyer, social media and divorceIt is common for people to remain plugged into their electronic devices for much of their day. Whether it is sharing pictures of their children, their dinner, or pets, posting images online has become a part of our daily lives. Moreover, those posts can also become part of a divorce proceeding.

What Kind of Communications are Admissible in a Divorce?

The communications you have can become admissible at trial. For example, an email or a text message can be admissible in court, and certain circumstances can even be subpoenaed. Social media posts can be used in a divorce proceeding as well. If one party fails to disclose a promotion at work, or boasts about being able to hide assets and then gloats about it on social media, those posts can become part of the trial.

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DuPage County family law attorneys, social media and divorceA study has found that high levels of Facebook use are associated with poorer relationship outcomes. Hence, it is not surprising that social media has become part of many family law cases. Therefore, it is important that you are mindful about what you post on social media, especially if you are in the middle of or preparing for a divorce or custody case.

Even if you do not have a family law case on the horizon, however, you should always be aware of what you are posting and the ways it may be used in litigation—it is impossible to truly delete content after it has been on the Internet.

There are common ways that social media is used to influence cases. Yet, as new precedents are being set all the time related to technology and applications, caution when posting is always warranted.

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divorce social mediaSocial media currently plays a major role in our society. More and more people of all ages are signing up for Facebook, Instagram, Twitter, and other social media websites. Many people increasingly turn to social media during their divorce to voice their feelings, meet new people, or in hopes of gaining support from loved ones. As much as you may enjoy using Facebook or another preferred social media platform, it is important to understand that certain actions on social media websites may be used against you during your divorce.

The Reality

As strange as it may seem, there may be people actively searching your social media accounts in an attempt to dig up information to use against you in your divorce case. A study a few years back stated that Facebook was the biggest source of social media evidence to use during divorce cases at the time. Although your spouse’s attorney may not be actively searching the web for your accounts, mutual friends, your ex’s family members, or often times your ex may be doing just that.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
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