To my Albuquerque divorce and family law clients, I give the following advice: NEVER write a Facebook post, text or e-mail if you are under any kind of emotional strain. In other words, if you feel the slightest bit angry, frustrated, upset, or sad, you should let those feelings pass before ever communicating about your case. You should also ask yourself if you should be writing or posting anything in the first place. Everything that you say on Facebook, in a text, in an e-mail or on any other social networking site can be used as evidence, often with dire consequences in your divorce case.
Facebook Can Sink Your Divorce
In terms of Facebook, you should not discuss your divorce or child custody case at all. Even in the most innocuous situations, it is simply inappropriate to discuss your legal proceedings or events in your life relating to those proceedings in a public venue. Often, one of the first things your spouse’s divorce attorney will do is to look at your Facebook page for damaging evidence. This means you should also clean up your page prior to filing any legal proceedings. Because this might be considered the destruction of potential evidence in your divorce case, you should consult with your divorce attorney before doing so.
Social Media and E-mail Can be Admitted as Evidence in Your Divorce Case
When it comes to texts, emails, and voicemail, clients often forget that these communications can also be introduced as evidence in court. Albuquerque courts, and in fact all courts in New Mexico routinely admit social media postings and e-mails into evidence in divorce cases. E-mail and text can be an efficient and neutral way to communicate with your spouse or significant other, but it also presents a tempting way to lash out when angry or frustrated. Again, if it is something you would not want your judge to hear you say, then don’t write it or say it. And remember, while there is nothing wrong with zealously advocating for your position, there is also no rule against being civil during your divorce or custody case.