Do’s and Don’ts: Divorce in the Internet Age
“Venting” about your ex on social media during the divorce process can impact the outcome of your divorce.
Making negative statements about your ex could directly harm your case. NRS 125.150(c) allows the judge to use any factor she deems relevant in determining alimony; venting your frustrations on social media will only serve to hurt your interests.
Which social media post would have the greatest negative impact if the judge deciding your custody battle were to see it?
According to NRS 125.480(j), the judge is allowed to consider any evidence of parental abuse or neglect, which includes this unfortunate status update.
(Read Below Situation) Can the judge rule that Jeremy does not deserve alimony?
Before Audrey and Jeremy got married, the couple signed a premarital agreement stating that, in the event of a divorce, Aubree would pay alimony to Jeremy. During the divorce proceeding, Jeremy posted on Twitter “I am so glad I’m not with that fat cow Audrey”. The post was presented to the judge, who found it insulting to Audrey.
NRS 125.150 states “that the court may award alimony UNLESS it is contrary to a premarital agreement.”
You should delete sensitive information on your social media profiles.
Although your lawyer may advise doing so prior to the start of litigation, one of the first things a divorce lawyer should do is request that the social media be preserved. Failing to do so could result in you or your lawyer being held in contempt of court.
You should friend your ex’s divorce lawyer on Facebook.
There are no legal or ethical rules against attempting to friend a party-opponent during a divorce proceeding, which could give your ex access to sensitive information which could harm your case. However, lawyers are not allowed to deceive party-opponents into friending on social media to gain access to this.
A divorce complaint to a spouse can be served via e-mail or text.
NRCP 4(d) states that service of complaints to individuals must be done either in person or left at the person’s place of residence or with an agent of the person unless consented to under rule 5.
A social media account shared with your spouse belongs to you if it was registered under your name.
Not necessarily. Although it varies based on state, Nevada is a community property state, which means that the name that the account is registered under is not determinative of who owns it.
Social media posts can be used to see if you’re lying about being unable to pay alimony.
NRS 125.150(7) allows the judge to change the amount of alimony being paid based on any number of relevant factors, including posts such as: “Awww, man, blew two grand at the slots. Guess they weren’t on my side this time.”
(Read Below Situation) Can the judge vacate his order awarding custody of Frank to Jeremy?
Audrey and Jeremy have a son, Frank, who is seven years old. The judge initially awarded custody to Jeremy. However, Audrey’s lawyer later brought to the judge’s attention several Twitter updates from Jeremy’s twitter account that show pictures of him hanging Frank from the other side of a bridge “for fun.”
NRS 125.510 allows the judge to, at any time, modify or vacate an order awarding custody of a child.
“Public posts” on Facebook can be used in legal proceedings during a divorce.
With public Facebook posts there is no expectation of privacy or ethical consideration. Public posts essentially amount to public statement.
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