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Personal electronic information and divorce

Individuals in North Carolina who are considering getting a divorce should be aware that it may be likely their online activity and electronic communication could be reviewed the other party’s attorney. Unless an individual takes certain measures, texts messages, posts on Facebook, Instagram pictures, emails, Tweets and more can be used against him or her during divorce settlement negotiations.

Couples can consider placing a social media clause in the prenuptial or post-nuptial agreement. This would bar either spouse from distributing certain information without the consent of the other party. Although there may be a question as to how such a clause may be enforceable, the fact that there is clear intent may be enough to prevent such information from being used during a divorce.

For those who are about to be divorced or are currently in the process, they should consider restricting their online activity. This could include simply making fewer posts or deactivating their social media accounts until the divorce has concluded. If posts are made online, they should be made with the understanding that they are for public consumption whether or not an individual intends for them to be. Individuals should take all precautions to avoid online mishaps while they are in the middle of a divorce.

Changing the security questions and passwords to one’s social media accounts is also advisable as is reviewing and enhancing the privacy settings on the accounts. Individuals should also establish new email accounts to conduct their personal business.

There are many complex divorce issues that require the assistance of a family law attorney who routinely handles divorce cases. An attorney may assist with divorce agreement modifications, child support and custody, the division of property and spousal support. The attorney may also assist with pre-marriage issues, like prenuptial agreements.

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I am savvy financially, but had no clue about the divorce process. Through it all, Ms. Kennedy and her staff have been there for me and my kids.
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