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Social Media In Nevada Divorce

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When you are in the midst of obtaining a divorce, the temptation to vent about the process (or even about your ex) on social media can be extremely high. However, this can lead to serious issues if your posts should be seen by your spouse or by the court itself – in extreme cases, posting recklessly might input alimony or custody. A divorce attorney can help guide you as to what type of posts might be appropriate – if any at all.

Your Feed Is Fair Game

One of the most important things to know is, in general, you are not permitted to delete your profile or any content during the period of your divorce. Depending on your specific situation, the judge may see an attempt to delete or modify your social media as destruction of evidence, which is problematic at best. In addition, deleting your socials is somewhat pointless, given that deleted posts can be recovered by a good forensic investigator or other computer professional if it becomes necessary to do so.

If you post, be aware that anything you post can be discovered and used; mutual friends may inform your spouse of what you post, or the other side may be able to access your profile in another manner. If you post photos showing your spending, for example, those posts may be used to show waste or dissipation of assets (which can affect asset division overall). Nevada is a state for no-fault divorce, but sometimes asset division can be affected by certain types of marital misconduct.

Custody May Be Affected

In addition to asset division or alimony payments, child custody can be affected by social media posts. You may tweet or post about engaging in activity which might not be in your child’s best interests, thinking that it is private, but nothing is really private on the internet. If you are engaged in unethical or illegal behavior, for example, that can have a serious impact on your perceived fitness as a parent. Nevada’s primary concern is the best interests of the child – if having contact with you is not seen as being in their best interest, your visitation may be curtailed or even, in extreme cases, denied altogether.

Without social media, you may feel like you have no sounding board or place to vent, and a divorce can be a hard process to get through even if it is amicable. However, both positive and negative posts can be misconstrued or taken out of context, so many people decline to post anything on social media during their divorce. Finding another source of support, such as a therapist, may be a good idea for many reasons, including avoiding the evidentiary difficulties social media may cause in your case.

Call A Las Vegas Divorce Attorney

Social media is a major part of most people’s lives in this day and age, but it can also be your greatest Achilles’ heel in a divorce. If you are in the midst of a divorce, calling an experienced Las Vegas divorce attorney to help guide you through is an invaluable step to take. The Kainen Law Group has handled many of these cases, and can help answer your questions about social media and other common factors in modern divorces. Contact our offices today to speak to an attorney.

Resource:

leg.state.nv.us/nrs/NRS-125C.html#NRS125CSec0035

https://www.kainenlawgroup.com/in-a-nevada-divorce-who-gets-the-house/

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