![]() The settings of Facebook can prevent the “public” from seeing anything in the account holder’s “wall,” including photos and changes in status. The only way to observe these is to “friend” the Facebook account holder. Accordingly, if representing a man in a custody matter and he believes that his wife has incriminating evidence on her Facebook wall, the question begs: How does someone become her friend and gain access to that wall? The answer is simple: friend request. There is a certain “reasonable expectation of privacy” in email but with Facebook, no person would have such reasonable expectation of privacy even if they put their settings on “friends only” and hide information from the general public. No one knows who their real friend is during the time of divorce, and when counseling clients we strictly advise them to withdraw from the public eye and refrain from speaking about their divorce and/or their activities during divorce, as it may damage their case and/or relationship with their children. No Fault Divorce in UtahUtah joined a host of other states that allow couples to obtain a divorce without assigning fault to either party. Recent changes to Utah’s domestic relations law allow spouses to more easily obtain a divorce under the new grounds of irretrievable breakdown. This allows a court to grant a divorce simply on the sworn statement of one spouse that the relationship is broken beyond repair and has been so for at least six months. Despite this clear statutory language, it took little time for Utah’s trial courts to split on their interpretations of the new provision. Utah supreme courts in Essex and Suffolk counties have adopted the view that the sworn statement of one party that a marriage is irretrievably broken may not be enough to establish grounds for divorce, even under the new no-fault provision. The Supreme Court in Nassau County, however, has found that—so long as other statutory conditions are satisfied—the sworn statement of one spouse is sufficient to obtain a no-fault divorce. Free Consultation with a Child Custody LawyerIf you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Separation Agreements in Divorce Estate Planning for Single Parents via Michael Anderson https://www.ascentlawfirm.com/facebook-posts-in-custody-cases/
0 Comments
Leave a Reply. |
About MeIn 2009 I was creating marketing channels for barbie dolls in Nigeria. Spent a weekend implementing dogmas in Naples, FL. Won several awards for writing about toy trucks in Mexico. Spent 2001-2007 analyzing deodorant in Pensacola, FL. Spent 2001-2004 researching heroin in Miami, FL. Enthusiastic about writing about clip-on ties in Naples, FL. Archives
June 2019
Categories |