Steven C Benke

Steven C Benke is a Board Certified Family Lawyer and has been practicing in San Antonio for over 14 years. During that time, he has been in private practice and has dedicated his services to over 4,000 family law cases in Bexar County and South Texas. He is one of the most experienced family law attorneys in the San Antonio area.

Mr. Benke is a member of the Texas Bar Association and the San Antonio Bar Association, as well as the Family Law section of both those organizations.

The Role of Social Media in Divorce

social media during divorceTo a lot of people, social media such as Facebook and Twitter, among other frequently used platforms, can be an important part of their everyday lives. Used to communicate with loved ones, post photos and share statuses with friends and family, what you post can in some cases be harmful during the legal proceedings of a divorce.

Any social media postings can be used as electronic evidence during your divorce, which, although Texas is a no blame state, can negatively affect custody or adultery cases. When it comes to divorce and social media, it is always best to stick to the recommended guidelines.

Should Social be used During Divorce?

The effect that your social media postings can have on the outcome of your divorce hearing has led professionals to debate how social media should be used by those involved and whether or not it should be used at all. While there is nothing that suggests you should refrain from updating your social media accounts while in the process of a divorce, there are some guidelines that are recommended for you to follow.

It is advisable to speak with your attorney regarding any previous or current posts to Facebook, Twitter, or any other social networking platform before taking action. While it might seem like a good idea to remove any old posts that could affect your case, you should always discuss this with your San Antonio divorce lawyer first, as this may have legal consequences. Removing posts can reflect negatively on you.

Guideline for Social Networking During Divorce

In regards to future posts and how you handle your social media profiles during the legal process of your divorce, there are a number of tips to ensure your use of social networking has minimal impact.

While it is best to discuss the removal of any posts with your attorney, you can review your recent social media history and privacy settings to make sure all of the material is suitable and not publicly shared.

It is important that you do not mention your divorce in any of your posts on any social media at any point during the legal proceedings. This is even more significant in cases that involve custody agreements, as this can impact the way visitation rights are awarded. Do not post any mention of your children or the custody arrangements. You should also avoid mentioning your former spouse in any statuses or postings, particularly in a negative manner as anything you say will be used as evidence in your case and could be taken out of context.

Stop and consider if your post is appropriate before adding anything to social media. If you want to post something, ask the opinion of a friend beforehand or wait an hour to see if you feel the post is still suitable. If you would be uncomfortable with or concerned about a judge seeing your post or something you share, this is an indicator that it should not be added to your social media. Even if your divorce proceedings are amicable, the opposing counsel can and will find any activity you post through your social networking accounts.

Anything you post online or through emails and texts can and will be located by your former spouse or the opposing counsel, meaning it is vital that you take extra care when using your social media accounts. It is advisable that you keep this in mind when browsing and posting, as, despite your privacy settings, there will be a trace of anything you do online, including any email accounts, dating profiles, or social media posts.

If you and your ex-spouse are separated, you may choose to enter into a new relationship or have become involved with a new partner. While you are legally in the process of acquiring a divorce, it is a good idea to limit any mentions of your new relationship online or through social media, as this can have a negative impact on negotiations. In the state of Texas, couples are considered legally married until a divorce has been fully approved, meaning that any images or posts showing you and a new partner will have an adverse effect.

Often your attorney may recommend that you refrain from using social media platforms at all during your divorce to avoid creating any unnecessary concerns. While you will be advised to take a hiatus from social networking during legal proceedings, you can continue to use your profiles with a little extra thought and care.

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