Brian D. Perskin & Associates

NYC Divorce – Why Social Media Can Be Detrimental to Your Case

Facebook Split

Social media sites like Facebook, Twitter and Blogs has become fertile ground for evidence to be used in a NYC divorce case.

These social media sites can be used effectively in litigation, with people seemingly unaware of that fact. Posting embarrassing information that can be used against you in divorce proceedings has become all too common.

Here is a perfect example:

  • Mom denies in court that she smokes marijuana but posts partying, pot-smoking photos of herself on Facebook.

Quite often evidence from social media sites are used in custody cases where one or both parties are subject to scrutiny about their personal affairs. You need to understand that your whole life is being investigated and social media sites are being used as damaging evidence.

Sixty-six percent of the lawyers surveyed cited Facebook postings as the main source of evidence in divorce cases, followed by MySpace at 15% and Twitter at 5%.

The evidence is easy to find and the Courts do not have any issues with letting this type of evidence in. They essentially give attorneys a wealth of useful information that can significantly impact the outcome of a divorce action.

Over sharing on social networks has led to a treasure trove of evidence in NYC divorce actions. The American Academy of Matrimonial Lawyers says 81 percent of its members have used or faced evidence obtained from social media sites like Facebook, MySpace, Twitter and blogs over the last five years.

In a recent case a former legal secretary who was claiming spousal support due to a disability ruined her case by blogging about her belly dancing activities.

The evidence killed her chances of receiving maintenance. The judge denied her request for marital support and also ordered her to pay a sum of $5,000 for her ex husbands attorney fees, for "dilatory acts" that included failure to turn over discovery materials.

Belly Dancer, McGurk had originally claimed that she was unable to work die to a car accident that resulted in back surgery and the use of pain medication. However her blog posts indicate that she "swirled around" and "danced herself silly".

Her argument was that her doctor had suggested belly dancing as a form of physical therapy which the Doctor denied in his testimony.

Clearly the belly dancer swirled herself out of her spousal support deal when her husband tracked down her online blog postings.

When it comes to social media sites, it is important to proceed with caution and to realize that anything that you post online can be used as incriminating and embarrassing evidence in your NYC divorce case.

If you need help with your NYC Divorce case, contact The Law Office of Brian D Perskin. Our Divorce Lawyers have over forty years of combined experience in divorce and custody cases and use this to our clients' advantage.

Our New York divorce attorneys handle cases throughout New York, Bronx, Brooklyn, Queens and Manhattan from our two office locations in New York, NY and Brooklyn, NY.

Contact a New York high asset divorce attorney at the Law Offices of Brian D. Perskin today!