Social Media Affects Family Law

There are many actions and decisions we make on a daily basis that don’t seem important at the time. We express an opinion, talk about something that happened to us, vent, etc. Social media has given people a space to do this where they feel heard. Though you are probably aware on some level that these actions could have consequences, it can be easy to forget that when a long period of time passes without any negative repercussions. If you are facing a divorce, you will want to consider how your social media history could affect elements of the divorce outcome.

Posting Could Impact Your Case

As recent incidents have reminded the public, social media accounts are not as private as we would prefer. Since many people post every day, it is easy to forget some posts you have written. Even if you expressed an opinion or information that seemed innocent enough at the time, it could be turned against you in ways that may surprise you and hurt your case.

While you can erase some posts you think were mistakes, that doesn’t mean they are truly gone; they can be dredged up. What you can do, is change how you post during your divorce; basically, it is best to avoid posting anything about the divorce. Posting during divorce, particularly if you’re posting information about your divorce, can impact the results of your case.

Because social media use is so prevalent in people’s daily lives, it is also becomes useful in other aspects of people’s lives; the fact is that lawyers can use social media as evidence in a case. Even if you have implemented stronger privacy settings, the world at large can still find ways to see your posts, or your moments of ranting. They’re seen, spread, and they can easily find their way onto the screen of someone who might try to use them against you. So, if you post something about making a big purchase, that might affect financial decisions in your case. If the legal decisions regarding parental rights are a struggle, any photos of you online that may have seemed rather harmless at the time-out drinking with friends, etc.-could be scrutinized.

It is very important that you remain aware of how your social media activity affects you during divorce. The absolute safest thing you can do is stop using social media completely until the divorce is over. You can also take a few other precautionary steps:

Trim Your Friends List: If you’re concerned about the divorce causing tensions, you can reduce your friends list to those whom you know and trust only. Yes, this can be difficult and cause some tensions elsewhere, but you can consider it if necessary.

Change Passwords: If your spouse has access to your social media accounts, and that concerns you, then changing your passwords will help you keep those accounts private. Of course, it is still important to remember that nothing online is truly private.

Of course, whether you’re in the midst of divorce or not, it is always best to think twice before posting anything. Laws regarding information posted on social media and how it may be used in court are still in development, so always keep yourself as safe as possible. When you need help navigating any part of divorce in Florida, come to Miller Law.

When a Prenup Doesn’t Hold Up During Divorce

Prenuptial agreements are highly recommended by divorce attorneys. While most people enter into marriage hoping, or expecting the marriage to last a lifetime, many also consider it wise to be prepared in the event that things don’t turn out the way they hope. That is where prenups come in; they are meant to serve as protection against more loss during divorce.

Some people rely on having that “ironclad” agreement in place. The prenup is an official plan for the separation of property and finances in the event of a divorce. It is meant to protect a spouse who has assets that he or she does not want to lose, particularly if they are very valuable. Historically, the agreements in these documents have been difficult to get around, or to void. However, prenuptial agreements are not always perfect; in fact, most of them have some hole, even if it is very, very small. While that doesn’t mean all agreements can be voided, it does mean that there may be circumstances in which an unfavorable prenup can be thrown out by the court, should you need to pursue that option.

Fraudulent Agreements

When a prenup is made, all relevant details must be included, such as finances. Everything must be disclosed. If something is withheld, that is considered fraudulent. So, if that is discovered and proven during a divorce, then the prenup can be thrown out by the court. Fraudulent agreements may include those signed under duress, or coercion. If it can be proven that a person was pressure into signing, or was not in a fit mental state at the time, then that agreement could be thrown out.

Improper Paperwork

All legal contracts and papers must be filed according to all rules. Those rules can be complex, and it’s easy to make mistakes, particularly when you don’t have proper legal help. Any errors could result in your contract being thrown out.

Some documentation and elements of the process also require legal representation in some states. That means, if you signed something that someone else drew up without seeking legal counsel, that document may not hold up later if challenged. Plus, it is never a good idea to sign anything without professional legal counsel.

Unreasonable Provisions

Judges don’t generally inspect the details of individual contracts that are already in place, unless they’re prompted to by legal argument, or something is “off” about the contract. Sometimes, there are provisions in prenups that are not likely to be upheld because they are too unreasonable to be permitted. For example, if a prenup states that the children shall have no child support, particularly if no substantial reason is given, it may very well be thrown out. Concern for children generally overcomes unreasonable prenuptial agreements.

If you feel that your prenup should be thrown out, upheld, or you don’t have one and need help with your divorce, trust the attorneys at Miller Law. We handle all your Florida divorce law issues.