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How Can My Social Media Use Affect My Illinois Divorce?

 Posted on July 29, 2020 in Divorce

DuPage County Divorce Attorney asset division

Each week, month, and year, new social media trends get released and new platforms begin to surface. What was popular last week, may not mean much once another Monday rolls around. As smartphones and social media have become more integrated into our lives, it can be easy to forget that there are still personal boundaries when it comes to what should and should not be posted online. Studies have shown that social media content has affected people’s views on their relationships, including romantic ones, sometimes causing issues that could be mitigated without the high usage of social media. With Facebook’s option to list your relationship status, Instagram’s ability to post photos with your new significant other, and Twitter’s propensity to elicit Tweets venting about your ex, your social media posts can greatly impact your Illinois divorce.

Using Your Spouse’s Posts to Your Advantage

If both you and your spouse are heavy social media users, your posts may become evidence in your divorce proceedings. While a judge cannot make a decision based on a single post, online postings can be an indicator of your spouse’s character and reveal white lies he or she may have attempted to tell throughout the divorce. 

The most common area that these posts can be used to your advantage is during the spousal maintenance or child support determinations. A divorcing spouse may claim that he or she is unable to make these monthly payments due to a lack of steady income or savings. While this may be falsified after looking through financial statements, social media posts can further support your point. Recently posted photos of a pricey vacation or expensive new purchase can help you prove that your spouse may not be fully disclosing the financial assets that he or she has at his or her disposal. Not only will this help you obtain the financial support that you deserve, but it can also be telling of potential hidden assets that he or she is trying to keep out of the asset division process.

Social media platforms also provide individuals with messaging platforms that can be kept away from your eyes. Text messages and emails can be deemed admissible evidence in your divorce case as well as messages sent over social media. If you suspect that your spouse was having an affair throughout your marriage, you may find evidence of these accusations after taking a look at his or her social media messaging. While having an affair may not directly affect a judge’s decision in your case, you may be able to prove that your spouse was using marital assets to make significant purchases for his or her other partner. This can impact how much you and your spouse are granted in the asset division process since Illinois is an equitable (fair) division state, not an equal division state.

Contact a Lombard, IL Divorce Attorney 

Just as you can use your spouse’s social media against him or her, he or she can do the same to you during your divorce. Before placing anything on social media, you should consult an experienced family law attorney. Some people may wish to announce their impending divorce on social media, but a legal professional may advise against that. At A. Traub & Associates, our experienced legal team is well-equipped to take on your case and help you use any evidence necessary to receive your fair share of the marital assets. Contact our DuPage County divorce lawyers at 630-426-0196 to schedule your initial consultation.



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