As tempting as it can be to vent on Facebook or other social media sites about problems with your ex, or soon-to-be ex, it’s usually a bad idea.
81% of divorce lawyers recently surveyed say that social networking sites have become an increasing source of evidence in family law cases, and 66% listed Facebook as the number one site used.
Even if you think that the other party can’t see what you are posting because you aren’t “friends” on the social network, other people you have friended may share information with your ex. If you are in the middle of a divorce, or even a personal injury or other type of lawsuit, it’s highly likely that the other party or other party’s attorney will be paying attention to what you post.
Even Bar Associations are taking note of the increased use of Facebook by attorneys to gain information. An opinion by the New York City Bar Association recently concluded that it would be unethical for an attorney to “friend” an unrepresented party under false pretenses; but that an attorney could “use her real name and profile to send a ‘friend request’ to obtain information from an unrepresented person’s social networking website without also disclosing the reasons for making the request.”
Another recent opinion by the Philadelphia Bar Association says that an attorney also can’t use a third party to friend a witness on Facebook for the purpose of gaining information.
If you use Facebook, keep it private – or be careful what you post.
According to the New York Law Journal, for the first time in New York a judge has ordered Skype visits for a parent wanting to move out of state.
The father in this case objected to the mother moving with his children (ages 9 and 6) from New York to Florida. The judge, in allowing the mother to move, ordered that prior to moving the mother must purchase the equipment to enable the children to communicate by video chat with their father on Skype.
For parents who already live far from their children, Skype is a great way to communicate with your children between visits. Real time video chat can be more entertaining and fun for a younger child, and is a good way for children to really show their parents what they have been doing in school, the latest trophy, etc. For divorce involving military parents virtual parenting can be especially useful.
In the New York case, the mother could no longer afford to live in New York and needed to stay with her parents in Florida while seeking employment to support her family. The father was a recovering alcoholic. Although Skype-parenting may not be appropriate in every child custody case, technology is certainly making it easier on parents and children who have long distance relationships.
The ABA, the world’s largest voluntary professional association, voted at the annual meeting in San Francisco to approve a resolution in favor of equality for same sex couples. As a member of the ABA, I am proud to be a part of an organization that takes a stand in favor of marriage equality!
Prior to the resolution’s approval, Attorney David Boies of Proposition 8 fame said
“The ABA obviously is the most respected legal organization in the United States, and probably the world, and its opinion will be listened to by legislators and courts.
Avvo.com is a great resource for finding an attorney as well as getting some basic information about laws in your state. Here are some of my recent answers to user questions on Avvo.
