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Think Before You Tweet!

Finding out your spouse is dating someone else is upsetting to learn on Facebook, but it happens. Flirting with an old flame—or a new one—via email, texts, or tweets happens, too. If you believe you cannot be found out, think again. Next time it might be you.

With the passage of the no-fault divorce ground last year, New York residents no longer need to place blame to initiate divorce proceedings. But while electronic evidence[H1] may no longer be needed to prove grounds for divorce, it can go a long way in child custody, parental rights, or high asset divorce matters.

As experienced family law practitioners, our attorneys are dealing with more cases involving electronic evidence. While only legally obtained material can actually be used in court, incriminating social media comes in the following forms:

  • Texts
  • Tweets
  • Facebook and other social media entries
  • Photographs and video on a variety of electronic devices
  • Email

The presentation of damaging information, first-hand statements, and photographs can quickly undermine the wholesome character and honest intentions claimed by a spouse in a divorce proceeding. In addition, discovery of damning information provides heavy pressure on an errant spouse to settle satisfactorily, rather than risk further humiliation through exposure in court.

Unlike love, electronic media is forever. Deleted material can be recovered and discovered. Pictures can be worth a thousand words. They can also cost you your children, marriage, and prized possessions. So think before you tweet—and before you cheat.


[H1]http://well.blogs.nytimes.com/2011/06/13/digital-flirting-easy-to-do-and-to-get-caught/

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