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How Social Networking Posts Can Be Used Against Clients in Family Law Cases

SAN DIEGO, CALIFORNIA – Evidence obtained through social networking websites can be highly relevant and helpful in all types of family law cases. John Griffith, a San Diego divorce lawyer, shares his advice with posting comments and photos on Facebook and other social networking sites.

According to Expandedramblings.com, there are more than one billion users on Facebook. That means there are lots of people who have the potential to read what you post. Posting with caution is necessary for anyone going through a divorce.

“I always counsel my clients going through highly litigated custody disputes to either be very careful in postings made on social networking sites or to simply delete their accounts altogether,” said Griffith.

For example, you may think if you limit the settings, your soon-to-be ex won’t see what you wrote. But far too often your ex’s friends or cousins saw the post and printed it for your ex to see. Even after you come to your senses and delete it, your ex may already have a copy.

“Sometimes all it takes is one mishap evidenced in a tagged Facebook post to send your custody case into a tailspin, given an aggressive attorney on the other side,” said the San Diego child custody lawyer.

When it comes to posting on social media sites it is important to use common sense. If there is one person who would be upset or use your post to their advantage – don’t write it. Perception is reality and if your posts can be taken out of context, don’t post them.

If you have been posting negatively about someone or something, even after deletion, there is still risk of the content surfacing. Any good researcher can find something online if they know what they are looking for.

Be sure to tell your divorce lawyer up front if you have been slandering the other party on your social networking sites. It is always better that your divorce lawyer finds out from you first, no matter how embarrassing it may be.

Many times the other side will troll Facebook photos searching for non-ideal behaviors. In custody cases, an attorney can argue the other parent is unfit to be the primary caretaker of young children, based on photos found on social media sites.

Further, in financial matters or spousal support, attorneys have used Facebook posts to prove a standard of living is not being accurately documented and other issues.

If you participate in social media, really think your comments and pictures through. If it doesn’t portray you in the best possible way, it is a good idea not to post it.

 

Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

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The Typical Divorce Process in California
Discovery of Assets & Obligations (1-3 months)
1 Complaint for Divorce Filed Start of litigation
2 Complaint is Served Varies, but usually shortly after the complaint is filed
3 Answer to Complaint Due 30 days from the date of service
4 Mediation Anytime, but usually after initial discovery
5 Temporary Hearing Usually early in the process
6 Late Case Evaluation / Judicial Hosted Settlement Conference Usually near the end of the case
7 Trial (If Needed) The goal is to settle, but if your case goes to trial, it could take months after the start of litigation.
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