Imagine you were just told by your spouse that he or she wants a divorce. As you are forced to deal with the overwhelming swirl of emotions, you may want to post how betrayed you feel on Facebook or send out a nasty tweet about how your marriage is ending. Many professionals in family law, however, will recommend that you wait before you post something you may regret later. It is important that anyone in Richmond going through a divorce consult his or her attorney about how to use social media throughout and after divorce proceedings.

One thing that Virginia parents may need to be especially careful about is how they talk about their exes on social media -- one post could tip the scale in a child custody battle. One mother was awarded primary physical custody after the child's father posted that putting a picture of his ex on his punching bag was the second-best thing to actually punching her. Clearly this is one extreme, but parents may be able to introduce evidence in Virginia family court of a repeated history of disparaging comments on Facebook or Twitter.

Using social media as evidence has become more of a trend in family court cases, notes one law journal. In another case, a husband tried to incriminate his wife by creating a fake Facebook page for her. He updated her status and posts and put scandalous photographs of her online in an attempt to get a better divorce settlement. Once the court realized that the husband was responsible for the profile, the wife ended up with a much better settlement.

Social media has also affected people's ability to receive spousal support. In some situations, a former spouse is awarded alimony under very strict conditions and if a condition is violated, the alimony will stop. One woman posted about how she was in a new relationship and moved in with her boyfriend, which violated the condition that she only receive alimony while she didn't live with a member of the opposite sex.

Granted, many people in Richmond will be able to determine what is appropriate to post and what is not, but working with a lawyer who has seen many divorce cases and many mistakes surrounding social media is an important tactic when considering one's own divorce.

Source: Pottstown Patch, "Facebook May Be Used Against You In Court, Local Lawyers Say," James Myers, Feb. 1, 2012