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If the Casey Anthony case has taught us nothing else, it has brought home the old adage that a picture is worth words. Those photographs, messages and videos you routinely post to Facebook and MySpace, your blogs, private email and text messages may all now be fair game in the legal arena and their content could easily impact the outcome of your divorce caseespecially as to claims for child custody, alimony and equitable distribution.
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Social Media has become an important tool for lawyers in obtaining evidence for use in and out of court. However, if you are contemplating a separation or filing for divorce, there are steps you and your attorney can take to help protect your privacy and your rights.
Dating websites encourage users to post profiles of themselves in order to correspond with and meet potential mates, regardless of marital status.
Perhaps most obviously, while in the course of a divorce, parties may use social networking or dating sites in the hopes of meeting new people or to rekindle past relationships.
While Florida courts routinely order parties not to disparage one another in front of their children, as Luscombe points out, such statements once posted online are arguably constitutionally protected speech. Users of these sites should beware of the dangers.
Incriminating photographs, statements or wall posts on your Facebook account which demonstrate infidelity can directly impact a claim for alimony in Florida.
Congressman Anthony Weiner recently announced his resignation from office after sexually suggestive text messages and photographs were released to the media; Rep. Expand your social network with the tap of a button. I will be deleting this app now.
Similarly, photographs and posts regarding alcohol and drug use are highly relevant in custody proceedings. Online references to finances, big trips, bonuses or raises at work can and will affect property settlements and alimony awards.
Less common but relevant concerns also include friend lists, status updates, mood indicators, and login records. The use of privacy settings provided by the site, while strongly recommended, may not protect a user from the content being obtained by a clever attorney; law firms today often employ knowledgeable IT persons on staff as well. The prevalence of iPhones, smartphones, and the ease of text messaging offer their own hidden perils and no one is immune to the dangers.
The Nielsen Company reported in that text messages outnumbered mobile voice calls three to one. Congressman Anthony Weiner recently announced his resignation from office after sexually suggestive text messages and photographs were released to the media; Rep.
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Weiner admitted to having begun the relationship with a woman he met on Facebook. While no divorce court in Florida has yet addressed the use of evidence obtained from a social networking site or cell phone, one Florida Criminal Court has recently recognized the dangers inherent in allowing a police officer to search the contents of a cell phone during the course of a lawful arrest.
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State61 So. For example, cell phones may also contain web browsing history, emails from work and personal accounts, and applications for accessing Facebook and other social networking sites.
Our attorneys and staff, at The Roberts Family Law Firm in Orlando, routinely advise our clients about their internet and cell phone usage, the use of social networking sites, dating sites, texting, and other relevant concerns, in the context of their divorce cases. We strongly recommend that our clients who are contemplating divorce carefully review their social media pages, their presence on dating websites, any saved texts and email messages, and the content of cell phones, smartphones and computers for potentially damaging subject matter; changing passwords and closing certain accounts if necessary.
If your cell phone is part of a family plan or is issued by your employer, you should immediately obtain a personal cell phone in your own name which is password-protected.
We are happy to answer any questions you might have concerning how to further guard your privacy and protect your interests in a potential or existing case. Our attorneys are experienced in handling all see more of family law matters and we will ensure that your interests and your privacy are well protected.
Call us today to discuss your legal concerns and strategies.
New Myers Briggs MBTI Social Network & Dating Website
City Centre, Building D E. By David Roberts Family Law Attorney Posted on January 11, If the Casey Anthony case has taught us nothing else, it has brought home the old adage that a picture is worth words.
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