Divorce & Legal Separation and Social Networking: San Diego: 2011

Divorce and legal separation cases can be the result of infidelity [imagined or real], conduct [real or imagined] or other factors. In San Diego, legal separation and divorce affect many married couples. Unfortunately, in a marriage, divorce or legal separation, your life is an “open book” and this often is used in San Diego Superior Court in litigation. If you are going through a divorce or legal separation case in San Diego, be extremely cognizant of what you are disseminating to the public and also what is being disseminated regarding you. Being surprised in court with adverse evidence is never a good strategy to protect your rights and to try and obtain your goal.

Facebook is used by millions and is accessible all around the world. Many married persons use facebook for sharing information. Unfortunately, some of the information can prove disastrous to your marriage. Pictures of a married spouse engaged in conduct which should only be with their husband or wife can be the “catalyst” for a legal separation or divorce. While San Diego is a “no fault” jurisdiction, some pictures and content can be used in a divorce or legal separation case. For example, if the parenting of a child or children is at issue, pictures of drug use, alcohol use or illegal or dangerous conduct can be brought into court as evidence and can be very persuasive. The old saying “a picture is worth a thousand words” is never more true than when a photograph you took and placed on your facebook page is used against you in open court. Of course, it does not have to be on your facebook page and can be on a relative or friends home page and be just as devastating.

E mails and texts also are admissible in court if the foundational requirements are met. Many now use texts and e mails for communications. It is a simple matter to printout the e mail or take a picture of the text and use this in court. What could be worse than the “2am” communication you wish you could take back as soon as you hit the “send key”? The bottom line is this: do not do or say anything you would not want your San Diego Superior Court Family Law Judge to see or hear. It is very normal, during a legal separation or divorce, for emotions to rise and this leads to statements and/or conduct which can be very damaging to your case. Do not allow yourself to destroy or damage your pending case.

One final suggestion is to “google” your name along with your city. Try, also, to search your name on Facebook, Twitter and other social media. In this way, you will not be surprised and can know what evidence could be used against you in divorce court.

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