Thursday, June 4, 2015

Facebook and Divorce - How Can Facebook Evidence Be Used in Court

Divorce and Facebook Evidence 

I have discussed before the admissibility of Facebook evidence in Court.  What I mean by this is using Facebook post by your ex or soon to be ex against them as evidence when you go before an Idaho divorce judge.  As a Boise Divorce Attorney, I have myself used evidence to show questionable character of the other party such as lying, exaggeration or pulling one over on the court.  As the use of Facebook becomes more ubiquitous, the nature of the evidence and its admissibility may be questioned more by the court. 

Facebook Posts and Divorce

It dawned on me the other day that much of what is put on Facebook is what we call in the law, puffery. Puffery is a form of exaggeration; maybe not quite lying but putting forth an image that differs from reality.  I read an article about how the more time people spend surfing social media, the more likely they are to become depressed.  This depression stems from seeing their friends' wonderful, exciting lives.  Their friends are displaying their lives as this fascinating display of vacations, events, awards and so on. 
What does this Facebook puffery have to do with divorce or evidence in the divorce court?  To state the obvious from the view of a Boise Divorce Attorney, overuse of Facebook is a symptom which can lead to issues which can fuel an already failing marriage such as increasing the chance of infidelity or an preoccupied emotionally absent spouse.  The other issue divorce lawyers face is in light of the way people puff their posts, can any or all Facebook posts be used against the side?  An illustrative example might be the divorcing wife who claims that she spends all her time with the child and the husband does nothing but drink, go out to bars and party.  If I, as a divorce attorney, show Facebook posts of the wife drinking and partying does that really show her true character?  What if I show Facebook posts of the husband doing housework and playing with the child?  Does this contradict that evidence? 

Is Facebook Evidence a Smoking Gun?

I believe that while Facebook can provide a source of evidence, it is evidence which will require corroborating evidence to make it stand.  In other words, a Facebook post may or may not be sufficient evidence to establish custody in one party or another, show questionable character, perjury or anything else for that matter. 

If you are facing a divorce and need to speak with a Boise Divorce Attorney, give us a call and see what we can do for you, 208-472-2383.

Friday, March 20, 2015

Boise Divorce Attorney

Boise Divorce Attorney

As a Boise Divorce Attorney one of the most common issues I run into is helping my clients understand what my role as their divorce attorney. Divorce is a very emotionally charged process. Even in an uncontested divorce, people are emotionally disrupted. Let's face it, when you break up with your best friend or your passionate lover, you can and, most likely will be, devastated.

How Divorce Effects Your Emotions

 Divorce can have a huge impact on you as a person. It impacts your thoughts, feelings and your entire emotional well being. It can manifest itself in any number of ways. You may become depressed or angry. You may withdraw, retaliate or simply give up or in. 

If you think about how divorce can impact an adult, think of the effect it can have on children. Although kids are resilient, divorce can have a lasting negative impact on kids. Their future is literally in your hands. How children end up emotionally is hugely effected by how you parent during and after a divorce. 

The Role of the Divorce Attorney

Getting back to my original point is discussing my role as your divorce attorney. It is my job to manage your divorce. I counsel you regarding what is and what will happen in your case, I file the appropriate paperwork, I meet, negotiate and confer with the other attorney and I present your case to the judge. I also help you to best understand what is happening. This all makes sense and is in the scope of my role as your Boise Divorce Attorney. However, often times people want me to be more than their attorney. They look to me to fix their underlying problems, they want me to make the other party behave or worse, they want me to impoverish the other side or destroy any possibility of contact with the other side and their children. Obviously, if their are health or safety, welfare or financial issues, we would take the appropriate steps to preserve the welfare of the children and of the property, but generally these demands come from the emotional rollercoaster the parties are on. These are issues associated with feelings of loss of control and lashing out. I will tell you now, and I always tell my clients, that these psychological issues need to resolved or at least dealt with with a mental health professional. It really is a misuse of your money to pay your divorce lawyer to listen to your need to retaliate against the other side or to micromanage them. I regularly get calls from people wanting to tell me how the other side changed the password on their Facebook account or told their friend that they were something other than they are. Everyone needs someone to talk to especially when they are going through a divorce, but my best advice to you is make sure your intentions are good and you are making use of the proper professionals at the proper time.

If you need the help of a Boise Divorce Attorney, give us a call and see what we can do for you, 208-472-2383.

Boise Divorce Attorney