August 8th, 2011
Social media provides everyone with a digital treasure trove of information. Always remember what you post online can and often will be used against you.
Approximately one half of all adult internet users in the United States have a profile on a social networking site. A 2010 Nielsen survey shows 22.7% of an American’s time is spent on social networking and continues to grow as social networking is considered the most popular online activity. When posting on Facebook, Twitter, or other social networking sites, just remember the updates you post can cause serious problems when searching for a job, starting a new relationship, or during involvement in a legal issue or lawsuit!
People are now sharing practically everything online. Can this get you in trouble? YOU BET!! Social networking technologies have forced people to learn how to navigate the murky waters between business and pleasure. Such a mixture creates a “Permanent Record” on social networking sites. On Facebook and Twitter, it is very common to see spouses discussing very private issues and sharing it with their “multi” buddies online and “Advertising their Product” for all to see. Social networking sites can provide any one who is confused, angry or distraught with a perfect venue for airing their gripes and disclosing their feelings in public!
Evidence from all social media sites is now being used by prosecutors, defense attorneys, personal injury attorneys, employment attorneys, securities litigators, and particularly family law attorneys. A 2010 American Academy of Matrimonial Lawyers survey found that 81 % of divorce attorneys have increased their use of social media to find evidence against the opposing side. The main source of information is Facebook, with 66% of the attorneys citing it as the source for incrimination information followed by MySpace (15%) and Twitter (5%).
A Wide Variety of Evidence?
1. Incriminating photos
2. Incriminating statements and wall posts
3. Status Updates
4. Mood Indicators
5. List of Friends
6. Login/Log off records for example: not able to work, alcohol/drug use, intimate issues.
How to Preserve Evidence from Social Media Sites?
1. Publicly viewable profiles and content are fair game
2. Subpoenas directed to sites like Facebook are likely dead ends.
3. Well-tailored discovery requests to the person.
4. Motion compelling the user to execute a consent form permitting the discovery seeking party to obtain the profile contents.
How to Authenticate Evidence from Social Media?
1. Stipulation
2. Admission from author/poster.
3. Testimony from person who copied information
Think about these Situations before using Social Media to sound off:
1. If you share a computer with a spouse or business partner and there is a potential break up; create a new web-based email address with a new password to ensure no other unauthorized access.
2. Don’t forget the children! Always more tech-savvy than mom and dad, monitor children to ensure information related to divorce proceedings or family problems do not become part of the internet!
3. Never make online references to finances. No big trips, bonuses or raises at work. This could affect your case adversely.
4. Always be careful with third- party conversations. The internet has many eyes and not just your friends.
The sudden advance and reach of social media is forcing the legal system to adapt quickly. Social media is causing legal professionals to look at new sources of evidence and discovery and to consider the implications of this technology.
Tags: attorneys, dallas attorney, defense attorneys, Divorce & Family Law, divorce attorneys, employment attorneys, family law attorneys, Incriminating photos, Incriminating statements, legal issue, legal system, personal injury attorneys, prosecutors, securities litigators, social media and the law, social networking site
Posted in Social Media and the Law | No Comments »
August 3rd, 2010
Baby Boomers are increasingly deciding to enter into prenuptial agreements prior to marriage to protect and manage their assets should they part ways through divorce.
What is a Prenuptial Agreement? It is a legal document that establishes in advance how property, assets acquired or received by gift during a marriage and family heirlooms passed from family members to one of the parties will be owned or divided in the event the couple should part ways.
Prenuptial Agreements have become very popular with Baby Boomers (born between 1946-1964) since they have on the average accumulated more money and assets and can afford to pay for adequate protection. Since 2006, 80% of Family Law Attorneys have seen a marked increase in couples who sign prenups, according to a survey sponsored by the Matrimonial Lawyers Group.
In the current financial crisis, with a 31% drop in home values and a 53% drop in stock portfolios, Boomers have been hit the hardest, which has accelerated the trend. Boomers have therefore become more cautious in holding on to their remaining current assets. Boomers are also blending homes and corresponding obligations. Prenups are becoming the Estate Planning Tool of the future!
Given Boomer age ranges, they are more likely to have been married and divorced multiple times. 4 out of 10 Boomers have experienced a divorce and by their 50th birthday, 27% have moved on to a second or third marriage.
So When Should Boomer Couples Consider Having A Prenup?
1. When significant assets are involved such as a home & property, retirement funds, stocks and bonds, or liquid assets.
2. When there are children of a previous marriage. The children’s interest, past and future, need protection since most states by law give the surviving spouse up to half of the estate.
3. When one spouse owns all or part of a business.
4. When one spouse is much wealthier than the other spouse.
5. When one spouse is much older than the other spouse.
6. When one spouse is supporting the other while he or she attain an educational degree.
7. When there is an inheritance involved.
When both spouses feel that the possibility of a divorce and expenses related to it are a bad idea and wish for a premarital binding understanding, what should they do?
1. Hire a qualified lawyer to prepare a fair and binding agreement according to their wishes and needs.
2. Make full disclosure of all property, financial accounts, debts, and assets involved.
3. Comply with requisite state laws.
If one acknowledges that nearly half of all marriages end in divorce, a prenuptial agreement can avoid a number of unnecessary expenses, reduce attorney fees, and avoid state mandated arbitrary divisions.
Tags: baby boomer marriage, baby boomer prenups, baby boomers divorce, boomer divorce, boomer prenup, boomer prenups, Dallas boomer, dallas boomer divorce, dallas boomer prenup, family law attorneys, matimonial lawyers group, prenups for older adults, prenups for senior citizens, prenups for seniors, prenuptial agreement
Posted in Boomer Divorce, Divorce & Family Law | No Comments »
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