Divorce in the Social Media Era

A laptop open on a desk with someone on their phone

We’re living in an incredible time where technology has created instant communication and connectivity around the globe. With Facebook, Instagram, Twitter, WhatsApp, and Snapchat, it is easy to update everyone you have ever met with your thoughts, photos of your life, and a live stream of everything you are doing.

Unfortunately, this quick and easy era of communication has caused many prolems for litigants as many lives have been irreparably altered as a result of ill-advised or impulsive social media activity. We see social media come into play when it comes to divorces. With proper authentication, social media posts by a party to a lawsuit can become admissible evidence in court.

Posting About Lavish Spending

As an example, alimony payments from one spouse to another are predicated on a supporting spouse’s ability to pay support. Among the explicit factors that a court can weigh are each spouse’s financial condition, their incomes, and their marital standard of living. If a spouse who is asked to pay alimony attests to a humble standard of living or a modest income but has social media posts showing a lavish lifestyle, this can create a real problem for that person.

Likewise, community property requires that spouses create an inventory of property to give the court an ability to properly classify and appraise the property as separate or community. If social media posts show a spouse with valuable property that hasn’t been reported to the court, this can seriously affect that spouse’s credibility and also result in unwanted scrutiny when the court considers community property.

Further, while Nevada provides for no-fault divorces, there are limited circumstances where marital misconduct may play a role in a spouse’s outcome upon divorce. When a person files for divorce, a court will enter temporary orders regarding property pending the divorce proceedings and can restrain the parties from taking actions that would deplete or waste community property. If a spouse’s social media posts show a spouse throwing around money or getting rid of property, this can constitute a violation of the court’s temporary orders, which courts take very seriously.

Child Custody Considers the Suitability of Parents

Courts in Nevada make custody and visitation decisions based on a child’s best interest. Part of this includes the suitability of parents and their ability to provide a safe and stable environment for their children. If a parent posts on social media about frequent partying, drug or alcohol abuse, or violent thoughts or actions, the court will weigh this heavily. An inadvertent impact of this social media activity may be the limitation or restriction of child custody and access.

Contact Viloria, Oliphant, Oster & Aman L.L.P.

Viloria, Oliphant, Oster & Aman, L.L.P. is a small law firm that provides top quality family law representation. If your marriage is ending, you need to consult with an attorney to explore your significant legal rights. We will listen to you and provide you with all of the information you need to make confident, informed decisions about your future. Our attorneys are proven, experienced professionals. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.

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