Posts Tagged ‘Social media’

In case you haven’t heard, a New York judge ordered that a Wife could serve her Husband on Facebook with her divorce documents.  This was only done after the Wife could show that she had no other way to serve Husband, as he had no physical address, did not work, and even though Wife hired several private investigators, they were all unable to locate Husband for service.

It might just be a matter of time before California judges allow service of legal documents via Facebook or other social media. To read more about this in the New York Daily News, you can click on the link here.

I would love to hear what anyone thinks about service on social media, the pros and the cons

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I have said it before and I will say it again, be careful what you share on Facebook.  More attorneys are using what you post on your Facebook page in custody and divorce matters.  Even in the UK, the American Academy of Matrimonial Lawyers says that around 81% of its members have had to deal with — or have themselves used — evidence from social media sources, including Facebook, Twitter and YouTube.  And a UK site reported that the word “Facebook” alone appeared in around 20% of its cases last year.

Citing Facebook posts, one mom lost custody of her kids because she was playing FarmVille or World of Warcraft when she claimed to be spending time with them.  A husband who denied anger management issues but spouted to the world, complete with violent threats on his Facebook profile, also lost custody of his children.

Judges don’t have many compunctions about admitting such evidence, the reigning wisdom being that it’s difficult to impossible to make a fraudulent entry of some kind on a user’s Facebook page.  I have personally seen MySpace accounts used in juvenile dependency matters to substantiate the county’s claims that a parent was involved in gang related activities, enabling the county to terminate parental rights.

So, if you don’t want your significant other using things against you in a custody or divorce matter, start being a responsible adult and don’t post the stuff that shows you in a less than flattering way to the world.

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