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Do you need a social media clause in your divorce decree?

In a previous blog post we discussed the prominent role social media websites like Facebook play in both contributing to divorce and in the discovery of evidence during a divorce. Even after a divorce is finalized, issues related to social media accounts may continue to be a source of conflict between ex-spouses.

In the wake of a divorce, it's normal to feel some degree of anger and resentment towards an ex. Throughout history recent divorcees have reveled in trashing an ex-spouse to friends and relatives. However, with social media, these previously private rants can now be broadcast far and wide across the Internet.

To prevent this virtual war of words, social media savvy Chicago-area residents who are going through a divorce may want to consider including a social media clause in a divorce settlment. For example, divorcing spouses may choose to add a clause to a divorce decree in which both agree not to post negative or defamatory comments about each other.

In divorces where minor-aged children are involved, it's also wise to include a clause related to posting photographs of or information about shared children. This is especially important in cases where one parent is opposed to any images of a child being shared via social media or the Internet.

Being proactive and taking steps during a divorce to address social media concerns can help prevent future conflict and disputes. Additionally, in cases where an ex-spouse violates a social media divorce clause, legal action may be taken.

Source: Huffington Post, "Why You Need a Social Media Clause in Your Divorce," Brette Sember, Feb. 26, 2015

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