The use of all types of social media by New Jersey divorce attorneys has increased steadily over the past several years. What you say, text, email, or post can be used against you as your divorce proceeds. On the other hand, an experienced New Jersey divorce lawyer can also use your spouse’s posts to support your allegations.

Social media postings, etc., can be used…

• to show an inconsistency regarding income and lifestyle;
• to find evidence of hidden assets;
• to find examples of inappropriate or irresponsible behavior;
• to indicate that a party lied in testimony;
• to give insight into a party’s parenting skills; and
• to provide information about other family law, divorce and child custody issues.

New Jersey is an equitable distribution state. In order for a judge to determine what constitutes a fair distribution of marital property, it is crucial that both parties provide complete and accurate information.

Information indicating that a party has been less than honest often can be found by studying that person’s social media output.

Read more: Family Law

Possible Scenario #1: A spouse has filed a motion to decrease the amount of alimony he must pay on the ground that he is having extreme financial difficulties.

His ex-wife does not think he is telling the truth. Some mutual friends have provided her with the following information, which she presents to her divorce attorney:

• her ex-husband sent out a tweet about the his beautiful new car;
• her ex’s new girlfriend posted a photo of the expensive gift he gave her; and
• a mutual Facebook friend posted a photo of her ex and his new girlfriend enjoying themselves at a luxury resort.

These and similar posts can be used by a savvy divorce lawyer to indicate that the ex-husband’s lifestyle does not match his declaration about his income.

Possible Scenario #2: A spouse testifies that she has no work skills and, therefore, it is unlikely that she will be able to find employment. The wife’s Linked In profile indicates that she is highly skilled and that she has experience that most employers would welcome.

The husband’s lawyer can use the information to contradict her testimony.

New Jersey divorce and family law attorneys can use social media as evidence to support or fight child custody requests:

• photos in which a parent appears to be drunk, especially if the child is in his or

her care;

• a tweet about what a great time a parent is having at a party at a time when he is

supposed to be having quality parenting time with his child;

• evidence that a parent is away from home a lot because of work; and
• other texts, posts, tweets, etc., that would affect child custody or parenting time.

If you suspect that your ex is intentionally turning your child against you, you should take extra care not to email, text, or post anything that could be misconstrued and used against you.

It is equally important that you do not put out negative comments about your ex that might be construed as an attempt to turn your child against your exAdultery and Cohabitation

Even though most New Jersey spouses filing for divorce choose the no-fault ground of irreconcilable differences, some choose a fault ground, such as adultery.

In a survey conducted by the American Academy of Matrimonial Attorneys, more than 80% of divorce lawyers questioned reported an increase in their use of social media as evidence of spousal infidelity.

New Jersey divorce attorneys utilize many sources to obtain their evidence:

• Facebook posts of the spouse and the new girlfriend or boyfriend;
• New girlfriend’s or boyfriend’s Instagram photos of a gift from the spouse;
• tweets about their relationship;
• emails and texts to mutual friends about their relationship;
• and so on!

New Jersey divorce lawyers similarly use all forms of social media to prove cohabitation when the couple does not have an enforceable written cohabitation agreement.

Social media posts are routinely used as evidence in divorce and family law cases. Here are some common-sense suggestions regarding social media:

Advise your attorney if there is anything about your social media footprint that can be used against you.

Let your attorney know if your ex has posted anything that might be used as evidence to support your claims and/or contradict your spouse’s claims. Examples would be items such as these:

• tweets bragging about a bonus;
• photos of your spouse in front of a new luxury car; or
• a Facebook photo of your spouse at a party instead of being with your child during parenting time.

Refrain from posting photos, sending texts, etc., about a new romantic relationship.

Do not make negative statements about your spouse, including those referring to his or her parenting skills.

In other words, don’t post anything that you will be sorry for in the near future or even years from now!

Social media can be used to support or to undermine your testimony in your divorce. Take care when using Facebook, Twitter, Linked In, Instagram, and any other form of social networking.

Your knowledgeable New Jersey divorce attorney will use the information you provide to your advantage and will do what is necessary to fight against information that your ex might attempt to use in order to discredit you.

If

Being an employer these days can be tricky. The job requires constant juggling. Add to the mix the volatile economy, a litigious society and an employer can be on his toes much of the time, constantly juggling a million different things.

But Gregory Kennedy in Orlando, Florida isn’t getting much sympathy after he fired all his employees via a text message. Perhaps that’s because he did this on the Fourth of July holiday. And he still owed them their last paycheck. Oops. The possible error in judgment has caused the owner of Barducci’s Italian Bistro to get a public flogging via social media, where the news of how he treated his employees is continuing to make the rounds. “I unfortunately need to inform you that I have been forced to close Barducci’s effective immediately,” he texted his employees, according to a report in WFTV. Kennedy responded to criticism with another text: “Unfortunately businesses are forced to close across Orlando every day especially in the restaurant sector.” Most people have been heaping negative comments upon Kennedy but a few have sided with him. “Ridiculous. Do you expect him to hold an all-hands meeting with a catered breakfast?” wrote one supporter. Unless there is more to the story than we know, Kennedy wouldn’t be accused of breaking any laws in New Jersey for firing his employees via text. But there are other laws that would apply in this situation. Under New Jersey labor laws:

• Employees must be paid all owed wages by the next scheduled payday after being terminated.

• Employers are not required to pay severance, which is considered a fringe benefit at the discretion of the employer.

• An employee would receive severance only when a contract or company policy mandates it.

What you say on Facebook can and will be used against you.

That is, if a judge believes the request for someone’s Facebook postings is more than just a fishing expedition. Information gleaned from Facebook postings and other social media communications has been allowed as evidence when judges believe that the information is directly relevant to a case and not a blatant violation of someone’s privacy.

Facebook Activity Found to be Relevant

There are plenty of cases where judges have allowed attorneys to use information from Facebook postings, evidence that is often pivotal to the case. Just a few weeks ago, a Colorado judge ordered a man to produce Facebook postings that could provide evidence of his alleged emotional distress and physical injury. James D. Moore is suing Denver and two city police officers for alleged excessive force during an arrest on March 25, 2008. “Mr. Moore’s Facebook activity is relevant to his claims of emotional pain and suffering (for which he claims $750,000 in damages), as well as his claims of physical pain ($750,000) and humiliation ($500,000),” U.S. Senior District Judge John L. Kane wrote in his June 6 ruling.

Judge Orders All Facebook Postings

Moore had already produced selected portions of his Facebook postings that he said was relevant to the arrest, but the judge said in his ruling that Moore must produce his Facebook activity log, in addition to all of his Facebook postings as evidence of his state of mind before and after the arrest and possible evidence of his alleged physical and mental harm. “Mr. Moore reputedly has chosen to share his version of events online often and in many different forums … Defendants are entitled to know of these accounts,” the judge wrote in his ruling.

Judges Don’t Like Broad Requests

However, judges do frown upon broad requests for someone’s social media communications. A few weeks earlier, a Florida judge ruled against a request for a sheriff’s deputy social media, cell phone and e-mail communications in a wrongful death suit against Marion County sheriff’s deputies. Vincent Salvato had sought the information in the hopes of finding evidence that could prove Deputy Norman Brown and Deputy Lauren Miley used excessive force and failed to provide timely medical care, resulting in his son’s death. Joshua Salvato died July 6, 2012 of a gunshot wound to the abdomen.

Judge Said Request Was a “Fishing Expedition”

Vincent Salvato requested all of Brown’s communications (with the sole exception of any between Brown and his attorney), but the judge said the request was a “fishing expedition.” “(Salvato) has failed to make a threshold that the requested information is reasonably calculated to lead to the discovery of admissible evidence,” U.S. Magistrate Judge Philip R. Lammens said in his June 11 ruling. Photo credit: dannysullivan

We’re definitely treading on unchartered territory when it comes to the social networking site Twitter. Last week, we talked abut tweets that could land you in prison. And now we’re back to tell you the news doesn’t get any better when it comes to your tweeting teen.

The truth is that there are so many ways that he or she could get in trouble. First of all, teenagers often lack the maturity to restrain from making inappropriate comments or to think about the long-term consequences of what they’re tweeting. Not to mention that kids as young as seven are increasingly accessing social media.

When it comes to tweeting, parents are most often concerned about cyberbullying, an act which could range from a violation of school rules that warrants suspension or, in extreme cases, is considered a crime and the teen is charged. But there are other ways that young people can get themselves in trouble.

Some tweeting teens in trouble: Last month, a 17-year-old girl who was elected Britain’s first youth police commissioner found herself in the center of controversy after people complained that her tweets were offensive. Paris Brown resisted calls to step down from the one-year, taxpayer-funded post, a move supported by her boss. “I absolutely do not condone the content and language of Paris’ tweets. I suspect that many young people go through a phase during which they make silly, often offensive comments and show off on Facebook and Twitter,” Kent police official Ann Barnes told the media. “I think that if everyone’s future was determined by what they wrote on social networking sites between the ages of 14 and 16, we would live in a very odd world.”

Teen tweeted a bomb threat In Winnetka, Ill., a 16-year-old boy was arrested and charged with disorderly conduct after he sent out a Twitter message saying he was going to “bring a bomb to school and blow it up.” Investigators later found out that there was no bomb and the boy’s case was referred to a peer jury. “Words matter whether it’s said or on social media,” said deputy police chief Joe Pellus. “They have to recognize on social media a lot of the content is public and not private.”

Police Say Teen’s Tweet Was a Hoax In New Jersey, 16-year-old Kara Alongi alarmed many in her community when she disappeared after tweeting that there was an intruder in her home and asking followers to call 911. Police later discovered it was a hoax and complained about the 6,000 calls they received during a 12-hour period. But not all news is grim when it comes to teens and Twitter.

Teen’s Twitter Account Gains 500 Followers in Two Hours A story making the rounds on Facebook this weekend was about a 15-year-old girl who created an anonymous Twitter account simply to give out compliments to friends. The girl was concerned about teen suicide after a friend killed himself and decided that the compliments might help teens dealing with low self-esteem. The account attracted nearly 500 followers within two hours.

The lesson for all of us is to teach our teens to use Twitter responsibly.

Photo credit: Global X

Tweeting is protected under the First Amendment freedom of speech rights, but there are exceptions, especially when security is at stake. An Alabama man is awaiting sentencing next month after pleading guilty to threatening to kill President Obama in a series of messages he sent out over the social networking site Twitter that referenced an anti-government militia group. Jarvis Britton wasn’t found to have any connections to the militia group and he apologized for “acting stupid” in sending out the tweets, but he now faces up to five years in prison.

A Twitter joke that went too far

Tweets are limited to just 140 characters, but those 140 characters could land you in a heap of trouble. Consider also the case of Paul Chambers, a British man who tweeted his annoyance that he wouldn’t be able to travel to visit his girlfriend because the airport was shut down due to snow. “Robin Hood Airport is closed. You’ve got a week and a bit to get (it) together otherwise I’m blowing the airport sky high!” he tweeted to his 600-plus followers.

Tweet was considered “of a menacing nature”

Although an airport official said he hadn’t taken the threat seriously, the tweet was still considered a threat and a crime. The judge found him guilty of sending a menacing electronic message and levied a $1,500 fine, saying his tweet was “of a menacing nature in the context of the times in which we live.” The charges didn’t stop Chambers from tweeting. Even during the proceedings, he continued to tweet about his case, shocked and angry that what he considered a joke had been taken so seriously. He blamed lower level judges for being unsophisticated about social media. It took him more than two years of legal appeals and cost him two jobs but a higher court judge finally agreed with him and overturned the decision.

Law enforcement are patrolling Twitter

Keep in mind that your tweets are public and law enforcement authorities are out patrolling Twitter-land, as part of their increasing social media strategy. A recent show on National Public Radio featured several police officers discussing how their departments increasingly are relying on social media. One law enforcement official told NPR that they are especially active on Twitter and other social media networks during big conventions or events.

Be careful what you tweet

Ultimately, the British man was successful in convincing a higher court judge that his tweet was harmless, but the lesson seems clear: be careful what you tweet. You wouldn’t want to test the system at a time when our country is at heightened security alert in the aftermath of the Boston bombings. Photo credit: MDGovpics