Getting Creative in Divorce

I think it is about time we made this post. We have seen too many people lose a lot more in the divorce than they should have because of one BIG mistake. Facebook. We all know that just about everything we post on Facebook is public. But facebook profiles are becoming a very common litigation tool. For example, we had a case where the other party claimed that he did not own a particular business, and had not owned the business for years. Well, we looked at his facebook and found that only a month before trial he was bragging about the amount of money HIS business was making. BUSTED!

The lesson is two-fold. First, it is the client’s job to help the attorney put together a good case with solid evidence. This means providing documents and stacks of information. Make sure that you are always vigilant. Let your attorney know when you find that your spouse has published a statement contrary to his/her claims.

Facebook is becoming a popular tool for one main reason: As far as the judge can tell, both you and your spouse’s stories are equally plausible. How is a judge to discern whether you tripped down the stairs or you were pushed? Because each side is going to sound equally convincing when telling the story. Publications like facebook, on the other hand, provide sound evidence of the truth. It is a clear statement of a fact.

The other lesson to be learned is that you need to be very careful what you tell people and what you publish on facebook during, and after, your divorce. We tell clients every time you say something to someone else, pretend the judge can hear you.

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