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Facebook Posts In Divorce Law

By Amy E. Feldman

PHILADELPHIA (CBS) - American Academy of Matrimonial Lawyers recently released a study that showed more than 80 percent of divorce attorneys have used social media posts as evidence in divorce court cases in the past six years. Really? Really. But not necessarily how you think.

Jada Pinkett Smith put up a Facebook post in which she said she's on a tremendous journey of great change leading many people to wonder about divorce. Social networking often provides a lot of clues about you that can be used, and not necessarily because they are scandalous. It's often mundane posts that turn out to matter quite a bit.

If your financial disclosure talks about the cost of your apartment - but you talk on Facebook about having a roommate, a good lawyer will know you only are paying half of that. And don't brag about your promotions, your raise, or any other good fortune.

But the flip side is that too much information about how down and out you are can also hurt child custody arrangements. Don't think that marking an account private is enough. A Connecticut judge decided last year that divorcing spouses had to hand over their social media passwords.

So pretend it's 1985. You want to tell someone something you don't want your soon-to-be ex's lawyer to know? Pick up the landline and have a conversation.

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