How Social Media Impacts Family Law Cases

How Social Media Impacts Family Law Cases

In the modern age of social media, most people have a smartphone and are constantly updating the world on every last detail of their personal lives. As a result, many users often forget or ignore the potential effects social media status updates and posted pictures can actually have from a legal standpoint.

There are numerous ways social media can be used to a client’s advantage in family court — or worse, to his detriment. Therefore, it has become increasingly important for people (particularly those who could soon find themselves involved in a legal proceeding) to consider the potential repercussions before posting. Here are just a few ways social media accounts can serve as treasure troves of evidence against one party or another for a Miami family law attorney:

  • To prove a party’s dishonesty in financial disclosures. For example, if one person claims to be unemployed or only earning enough to barely scrape by, but then posts on social media pictures of his or her brand new Porsche or latest expensive vacation. This information can be imputed by the court, and both alimony and child support guidelines could be affected.
  • To prove a party’s infidelity. When a party posts pictures of his new significant other, those photos will be time and date stamped when uploaded. This information could later be taken into consideration when a court decides whether or not alimony should be awarded to the other party.
  • To prove whether a party is a suitable full-time custodial parent. If one individual is posting photos under the influence during a specific time when he or she is supposed to be taking care of the children, that information will raise a red flag if presented in the proceedings.

The best way to avoid potential problems created by social media is to stop using it when a legal proceeding is foreseeable. Or better yet, simply use common sense when you post at all times. Keep in mind that once the litigation has begun you should not delete your account, as this action can be treated as the willful destruction of evidence.

A Miami family law attorney can help you navigate the process, including providing insight on appropriate social media behaviors. If you have questions about how social media may impact your case, call our office today for a free consultation.


The Realities of Divorce

There are many misconceptions that are thrown around about divorce. Even the once happiest of marriages could one day end in divorce, so being well informed about what one can expect can alleviate both stress and some of the cost.

Here is some general information about divorce that everyone should know.

What is true for one person may not be true for another.

Just because one spouse’s cousin had a divorce that was finalized in three months and awarded her the majority of the property, doesn’t mean that will be the case for the parties in another situation. Just as every relationship is different, so is every divorce.

Honesty is key.

It is essential that both spouses be honest with each other and their legal counsel. If one spouse attempts to hide something from the others involved, he or she can certainly expect that it will come out in the case at some point. A Miami divorce attorney can advise his client on what information must be shared, but full disclosure has to be provided to the attorney for best results.

Many decisions will need to be made.

There is a reason why divorce cases tend to be lengthy, particularly when children are involved. When a marriage is dissolved, many details must be sorted out to move forward effectively. The divorce attorney will need to work to determine who gets the house, how funds will be distributed, which spouse will keep the car, and so on. If the couple has joint children, they will need to prepare a custody arrangement that is in the best interest of their kids.

There are alternatives to the courtroom.

Not all divorces end up in court. Depending on the state of the relationship when the decision to end the marriage is made, there may be alternatives. This may include mediation, where a neutral third party leads the two in negotiations. Similarly, in a uncontested divorce, an attorney works with the couple and a team of professionals to finalize all matters related to the divorce, without actually going to court. This route has pros and cons, and the best fit will ultimately depend on the specific case.

There will be compromises.

With any divorce, it is extremely rare that both spouses will get everything they hoped for at the end of the proceedings. Typically, there needs to be compromise on some issues, especially if there are children involved. What one can depend on is that attorneys will have the best interests of their clients in mind, and will do everything in their power to protect them.

If you are considering divorce, call a premier Miami divorce attorney at Pimentel & Castillo today to learn more about the process and what you can expect. Our professional team can ensure you are well protected as you work through the proceedings.