Law and Rights
In this new age of technology, watch what you put on the web. Did you friend your soon-to-be ex wife's aunt and forget about it because she never posts? If so, then you can be guaranteed she will be gleefully printing pictures and posts on your page and handing them to her attorney for evidence against you. Did you playfully suggest on Facebook that you want to "leave the kids at home and get smashed tonight?" Then, be prepared for it to turn up as Exhibit A at your trial.
Edwards & Associates recently won custody for a father at trial. Included as primary exhibits were her Facebook and Myspace pages. Of particular interest were several scantily clad pictures of the young mother of 4, and posting of her announcing that she "goes to the club too much" and that she "was drinking IN THE CAR on the way to the club." She turned bright red and said that was her personal business. The Court did not agree and stripped her of custody and ordered her to pay child support. Here is a great recent article printed in the AJC.
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Facebook a treasure trove for divorce lawyers
By Larry Hartstein
The Atlanta Journal-Constitution
9:55 a.m. Thursday, February 11, 2010
As if divorce lawyers needed more ammunition.
In a new survey, 81 percent say they've seen an increase in the use of Facebook and other social networking sites for evidence in divorce cases. Notes to lovers, compromising photos -- Facebook provides a wealth of incriminating information.
"Every client I've seen in the last six months had a Facebook page," said Ken Altshuler, a longtime divorce lawyer from Portland, Maine, who is first vice president of the American Academy of Matrimonial Lawyers. "And the first piece of advice I give them is to terminate their page immediately."
Sixty-six percent of the attorneys surveyed by the AAML called Facebook the unrivaled leader for online divorce evidence, followed by MySpace (15 percent) and Twitter (5 percent).
"Going through a divorce always results in heightened levels of personal scrutiny," said Marlene Eskind Moses of Nashville, the group's president. "If you publicly post any contradictions to previously made statements and promises, an estranged spouse will certainly be one of the first people to notice and make use of that evidence."
Altshuler cited a couple cases in which Facebook proved key:
A woman was getting divorced from her alcoholic husband and seeking custody of their kids. The husband told the judge he had found God and hadn't had a drink in months, but Altshuler found a recent Facebook photo showing him "holding a beer in each hand with a joint in his mouth," the lawyer said.
Then there was the custody case in which his client's ex-wife claimed to be engaged. She was trying to show she'd provide a stable household for the kids.
But the same woman had posted on Facebook that she'd broken up with her abusive boyfriend and "if anybody had a rich friend to let her know," Altshuler said.
The ex-husband's friend gave him the posting; he was still Facebook friends with the ex-wife.
"People don't think about who has access to their Facebook page," Altshuler said. "A good attorney can have a field day with this information."
- Divorce And Social Media: Where Should The Line Be Drawn?
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- Father Looks To Regain Custody In International Dispute
Father looks to regain custody in international dispute On behalf of Regina Edwards of Edwards & Associates, Family Law Attorneys posted in Fathers' Rights on Tuesday, November 19, 2013. Anyone who has been through divorce knows that...
- Iphone Gps App Assists Husband In Uncovering Wife's Cheating
On behalf of Edwards & Associates posted in Divorce on Friday, October 28, 2011 The new iPhone may be having an impact on at least one divorce case. Recently, a suspicious husband utilized an iPhone 4S app to determine that his wife...
- Ex-wife 'fries' Her Own Claim For Alimony With Facebook Posts
On behalf of Edwards & Associates posted in Alimony on Tuesday, April 19, 2011 In the past, we have written about how common it is for Facebook evidence to be used in divorce cases. Statements made on Facebook and other internet sites often count...
- Is Facebook Becoming A 'tool' For Cheating Spouses?
By the CNN Wire Staff (CNN) -- Ken Savage says that, at first, he welcomed his wife's new interest in Facebook. She had recently recovered from a bout with depression and dependence on prescription drugs, and he thought reconnecting with old friends...
Law and Rights
Facebook, MySpace and Twitter Evidence in Custody Battles and Divorce
In this new age of technology, watch what you put on the web. Did you friend your soon-to-be ex wife's aunt and forget about it because she never posts? If so, then you can be guaranteed she will be gleefully printing pictures and posts on your page and handing them to her attorney for evidence against you. Did you playfully suggest on Facebook that you want to "leave the kids at home and get smashed tonight?" Then, be prepared for it to turn up as Exhibit A at your trial.
Edwards & Associates recently won custody for a father at trial. Included as primary exhibits were her Facebook and Myspace pages. Of particular interest were several scantily clad pictures of the young mother of 4, and posting of her announcing that she "goes to the club too much" and that she "was drinking IN THE CAR on the way to the club." She turned bright red and said that was her personal business. The Court did not agree and stripped her of custody and ordered her to pay child support. Here is a great recent article printed in the AJC.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Facebook a treasure trove for divorce lawyers
By Larry Hartstein
The Atlanta Journal-Constitution
9:55 a.m. Thursday, February 11, 2010
As if divorce lawyers needed more ammunition.
In a new survey, 81 percent say they've seen an increase in the use of Facebook and other social networking sites for evidence in divorce cases. Notes to lovers, compromising photos -- Facebook provides a wealth of incriminating information.
"Every client I've seen in the last six months had a Facebook page," said Ken Altshuler, a longtime divorce lawyer from Portland, Maine, who is first vice president of the American Academy of Matrimonial Lawyers. "And the first piece of advice I give them is to terminate their page immediately."
Sixty-six percent of the attorneys surveyed by the AAML called Facebook the unrivaled leader for online divorce evidence, followed by MySpace (15 percent) and Twitter (5 percent).
"Going through a divorce always results in heightened levels of personal scrutiny," said Marlene Eskind Moses of Nashville, the group's president. "If you publicly post any contradictions to previously made statements and promises, an estranged spouse will certainly be one of the first people to notice and make use of that evidence."
Altshuler cited a couple cases in which Facebook proved key:
A woman was getting divorced from her alcoholic husband and seeking custody of their kids. The husband told the judge he had found God and hadn't had a drink in months, but Altshuler found a recent Facebook photo showing him "holding a beer in each hand with a joint in his mouth," the lawyer said.
Then there was the custody case in which his client's ex-wife claimed to be engaged. She was trying to show she'd provide a stable household for the kids.
But the same woman had posted on Facebook that she'd broken up with her abusive boyfriend and "if anybody had a rich friend to let her know," Altshuler said.
The ex-husband's friend gave him the posting; he was still Facebook friends with the ex-wife.
"People don't think about who has access to their Facebook page," Altshuler said. "A good attorney can have a field day with this information."
- Divorce And Social Media: Where Should The Line Be Drawn?
At times, a person may feel frustrated or confused by the way things are proceeding during his or her divorce. In this day and age, people might turn to popular social media sites like Facebook or Twitter to vent in the hopes of receiving support from...
- Father Looks To Regain Custody In International Dispute
Father looks to regain custody in international dispute On behalf of Regina Edwards of Edwards & Associates, Family Law Attorneys posted in Fathers' Rights on Tuesday, November 19, 2013. Anyone who has been through divorce knows that...
- Iphone Gps App Assists Husband In Uncovering Wife's Cheating
On behalf of Edwards & Associates posted in Divorce on Friday, October 28, 2011 The new iPhone may be having an impact on at least one divorce case. Recently, a suspicious husband utilized an iPhone 4S app to determine that his wife...
- Ex-wife 'fries' Her Own Claim For Alimony With Facebook Posts
On behalf of Edwards & Associates posted in Alimony on Tuesday, April 19, 2011 In the past, we have written about how common it is for Facebook evidence to be used in divorce cases. Statements made on Facebook and other internet sites often count...
- Is Facebook Becoming A 'tool' For Cheating Spouses?
By the CNN Wire Staff (CNN) -- Ken Savage says that, at first, he welcomed his wife's new interest in Facebook. She had recently recovered from a bout with depression and dependence on prescription drugs, and he thought reconnecting with old friends...