Paying Attention to the Internet and Social Media in Divorces

A few days ago, I learned of an old friend from years ago who had recently passed away. After his death, I discovered that he had a Face Book page and it was still up. It got me thinking about how social media sites seem timeless, and I wondered what normally happens after the principal dies. This may seem like a bit of a stretch for a blog about family law issues, but there is probably some overlap between probate, family law and estate planning regarding how social media sites react to death and maybe divorce. Fortunately, I was able to find a answer to my question. For an excellent review of how Face Book, MySpace, various Google accounts and Twitter operate after a person's death, take a look at the recent post by Jacqui Cheng in Law & Disorder.

I have previously written here and here and here about the increasingly prominent role of Internet postings on various social media sites that come up in divorce and other family law cases. These posts generally were cautioning people to be careful about what they write on Internet sites. (They also need to be careful about texting.)

Another possibility that I haven't seen addressed and haven't heard anything about yet is the possibility that an Internet site is a valuable asset which could be included in the property division in a divorce. There are certainly reports about blogs and web sites that become very profitable and generate large incomes. There is value in such a site, but it may be pretty difficult to put a value on it. On the other hand, something that produces thousands of dollars of income a month or year can't be ignored.

In a similar vein, social media can have value that should or could be considered in a property division. A Face Book page might have some commercial value, depending on how it is focused and managed, and a Fan Page on Face Book is specifically available for businesses. Twitter accounts, You Tube and other new media can also have commercial value. The names associated with various social media, blogs or a web site can have commercial value and can be sold, just as a web site can be sold. Licensing agreements are becoming more popular in businesses that rely on the Internet, and the agreements can have value.

People should be aware of the potential issues that will arise in divorce cases where the parties have active on-line businesses and use the social media to promote them. If you or your spouse have such a business, be sure to let your attorney know. If anyone has had a divorce where ownership or value of an Internet business was an issue, please let us know about it and how it was resolved. Just like death, divorce will not necessarily end an on-line business.

Divorce and Social Networking - New Rules

A couple of months ago, Daniel Clement posted a nice article with suggestions about how to stay out of trouble during a divorce when you participate in social networking. Here's what he had to say:

"Remember the YouTube spectacle of Tricia Walsh Smith who publicly humiliated her husband and, ultimately, herself. In the age of social networking, new rules of apply to couples going through divorce. The rules, as compiled by Time, can succinctly be boiled to one- 'Discretion is the better of valor.'

[Here are the rules.]

"1. Don’t brag.
Your claims of poverty will ring hollow if you brag on Facebook about your purchases of expensive items or post photographs of lavish vacations.

"2. Keep the party off-line
Sure you may want to let off some steam, but if you are engaged in a custody fight, the pictures of you holding a bong in one hand and a half empty bottle of “Jack” in the other are not going to win you points with the judge. They probably are not going to be too helpful when lecturing your kids about sobriety or on your next job interview.

"3. Guilt by association.You are who you hang out with. See Rule No 2.

"4. Keep the details of the divorce private.
Don’t fuel the fire with comments and criticisms on the internet. No one likes their spouse’s divorce attorney or the judge after an unfavorable ruling. But remember, the judge is going to make many rulings in the course of a case- some you will win, others you will lose. Do you really want the judge to rule on your case after you publicly criticized him or her?

"5. Don’t Defriend.
As Time points out, unless it is high conflict, 'Don't "defriend" in-laws or your ex's friends right away. People need time to adjust.'"

This should be a good reminder to everyone enjoying social networking while they go through a divorce. As I discussed in a previous post on July 2, 2009, social media are becoming more common-place and are also become a major source of information for interested people. Pictures, statements, profile details and other information that appear in media, such as Facebook, can show up in court and can be very embarrassing, or worse.

And, it's not just your site that you need to be concerned about. If you have friends who take your picture and then post it on a page, or who write about what you and s/he did or what s/he saw, you may have some "splainin" to do. And it may turn into testimony in court. Following the above rules should help everyone to be more careful about their involvement in social media.

Web Histories Playing Larger Role in Divorce Proceedings

Stephen Worrall, in the Georgia Family Law Blog, recently posted about a trend that seems to be happening everywhere. Computers more and more are becoming an interesting and useful source of information about the parties to a divorce. Sometimes, evidence from a party's computer can turn a case around. Instead of hiring a private detective, it may be better to investigate the fingerprints left on the Internet. Here is Stephen's comment:

Lipstick on the collar? One too many late nights at the office? Internet browsing histories?

Divorce lawyers are seeing an increase in the number of cases that cite Web logs as evidence, according to the American Academy of Matrimonial Lawyers.

About 79-percent of divorce attorneys polled by the Academy reported an increase in the number of cases using Internet browsing histories during divorce proceedings in the past five years, while 44-percent cited an increase in the use of spyware to gather evidence.

"Many spouses will use the Internet in order to act anonymously, but in many ways it's the most public thing someone can do," James Hennenhoefer, president of the AAML, said in a statement. "Internet activity can provide valuable glimpses into the kinds of hidden activities that a husband or wife might be trying to conceal and spyware programs can help to make this kind of monitoring extremely easy to conduct."

Evidently, typing things like "how to cheat without getting caught" into Google, signing yourself up for a marriedbutlooking.com account, or writing up one too many "casual encounters" posts on Craigslist is not advisable if you'd prefer to emerge from divorce court with your bank account intact.

Think about that when you're taking advantage of the open bar at your friends' weddings this summer. Forget the blenders and the Williams Sonoma gift cards. It's all about the tracking software. Ah, romance.

SOURCE: AppScout