By: Stephen J. Plog
Divorce is nothing to be entered into lightly. It takes a lot of thought, as well as emotional preparation. As with anything else important in life, the divorce process can also entail a fair amount of strategy and planning. In Part 1 of this post, I touched upon a couple of topics, documentation and protection of passwords, tied into things you might do as part of preparation for your Colorado divorce. In this Part 2, I will discuss additional tips to consider when contemplating or facing a divorce.
SOCIAL MEDIA: In this day and age of digital communication and persona, it’s not uncommon for people going through a divorce or custody case to have one form of social media page or another, whether Facebook, Instagram, Twitter, or others I’m probably too old or un-hip to be aware of. The moment you start thinking about divorce, particularly if you have children, you should take an inventory of your on-line presence and clean up anything that might have a chance of hurting you in court. Pursuant to Colorado Rules of Evidence, Rule 801, your statements can be used against you by your spouse in court. This includes things you post on the internet. I have dealt with an array of cases over the years in which things such as Facebook pages have become an issue, and evidence. Bashing your spouse on line or sharing your thoughts about him or her as a parent can potentially damage your custody case. Pictures of wild partying can, too. Likewise, sharing your thoughts or plans related to finances, or perhaps your spending habits, could also lead to negative inferences being drawn by a court regarding your motivations on certain issues. Moreover, sharing your every thought on line might alert your spouse as to your strategy or wishes, thereby giving him or her an advantage when it comes to court or negotiations. To be safe, take down any and all posts related to divorce, custody, or any behaviors that could be construed as negative. Additionally, you should block your spouse from all accounts or pages. In fact, you should make all pages, such as Facebook, private, at least for the time being, and only allow those in who you can trust with 100% certainly. As they say in the movies, “anything you say can, and will be used against you.” On the flip side of this topic, if you believe your spouse’s social media pages have anything of value on them, copy away, and preserve those records (presuming you have legal access to them). They might come in handy for both you and your divorce attorney. Continue reading