1. Don’t share anything you wouldn’t want a judge to see. If it’s out there, opposing counsel will usually find it. Just don’t say, share, or do anything your grandmother wouldn’t be exceedingly proud of.
2. Live your life as if cameras are constantly following you around and taping what you’re doing at all times. Social media provides a direct window into your private world. Only post positive, truthful thoughts and photos, or unplug completely (highly recommended).
3. Assume everything you do online will be found. It can be found by opposing counsel, your soon-to-be-ex or their friends and family and will be used against you. This also applies to phone and text records, emails, dating sites and more.
4. If you’re debating whether or not it’s a good idea to share, comment or like something on social media, just don’t do it. Really, just don’t.
5. Don’t ever lie to a judge. If opposing counsel can prove you lied once (whether it’s pertaining to social media or not), the judge will likely assume everything you say is a lie. He or she can also hold you in contempt or have you prosecuted for perjury.
6. Don’t lie or misrepresent yourself to your lawyer, either. It will be much more difficult to help you win your divorce and/or child custody case if you do.
7. If you’ve filed for divorce or your spouse has filed, don’t assume you can remove any of your social media history without potential legal consequences. Again, ask your attorney what you can and cannot do.
8. Don’t think you can fake “nice.” If you stage a photo of you at your kid’s soccer game and a witness testifies that you snapped the photo and left 30 seconds later, your credibility as an involved, attentive parent in a custody or divorce case is sunk (see Nos. 5 and 6)
“At the end of the day, litigation is about the credibility of people who testify.”
9. Don’t underestimate the power of social media evidence in the courtroom. Judges and juries are intrigued by social media evidence and they consider it just as persuasive as other evidence – sometimes more so. A post may be worth a thousand words.
10. Don’t assume you know what you can and cannot do on social media. Speak with an experienced family law firm or divorce attorney in Montana or the state where you reside. He or she can counsel you on social media and divorce as it pertains to your specific case.