6 Common Mistakes in Divorce & Custody Actions

6 Common Mistakes in Divo…

Want to know what they are and how to avoid them? Watch this video and give us a call. We'd like to be part of your legal strategy. 843.277.9009

Video Transcription

Hi everyone. It's Stephanie Brinkley from Brinkley Law Firm in Charleston, South Carolina. I am a fertility and family law attorney. And today I want to help share with you six tips to avoid common mistakes in divorce and custody cases.

First and foremost, I'm going to give you a pneumonic device. Remember, MR. CHAPS is your friend. The first tip is to remember M is for social media. Social media can be a treasure trove of information, or it can be a family law attorney's worst nightmare. My recommendation is that when you're going through divorce and or a custody matter, take a break from social media. If you do go on social media, the only thing you should be posting are pictures of babies, puppies, travel, recipes, keep it very neutral. Keep it very bland. You are going through a very critical time in your life and you don't need to put personal information out in the community for everyone to read.

The second point is R. R is for recording, smile, you're probably being recorded. With today's technology you should just assume that your conversations with your spouse and anyone who's on their side is being recorded. So remember, don't say anything that you don't want a family court judge or a guardian ad litem to hear.

The third point is your children. Do not record your children thinking that you can use that as evidence in your case. It's most likely inadmissible and it will only make you look bad as a parent. Family court judges do not like parents involving children in adult matters.

The fourth point is H. H is for hush, hush your mouth. Remember what your Southern mama taught you, if you can't say anything nice, don't say anything at all. Save your venting for your counselor, your therapist, or for me, your divorce attorney.

The next point is passwords. Make sure you change your passwords to something that your spouse will not easily figure out. And if you're using a shared device, change your browser history or erase your browser history every time you use that device, don't leave an electronic trail of evidence that can be used against you.

All right. The last point is S. S is for spyware. Spyware is an app that can be downloaded onto your electronic device. It can be used to record your location, your keystrokes, and even personal information about you. It is used more commonly than you think by spouses in contentious divorce and custody cases. I would just go on Google and I would Google terms for spyware or stalkerware, and you can find do it yourself methods to detect and remove such apps from your devices.

We live in a very transparent society, your oversharing or lack of security on your electronic devices and social media can result in an evidentiary disaster. It's time to be proactive and tighten up. If you're considering divorce or custody action and you'd like to learn more about how to avoid these common pitfalls, please call our office or go online to schedule an appointment so that we can have a consultation and come up with a legal strategy. We want to be part of your legal team so that you can have the best outcome for yourself and for your children.

Our Attorneys

Stephanie M. Brinkley's Profile Image
Since founding Brinkley Law Firm in 2011, attorney Stephanie Brinkley has helped families grow and expand by navigating them through the legal challenges surrounding Assisted Reproduction Technology (ART) and Adoption. As an attorney who focuses on f… Read More
Christopher D. Kays's Profile Image
Originally from Los Angeles, Christopher Kays moved to Charleston in 2007 when he reported to The Citadel for his knob year to study psychology. As a cadet, Christopher volunteered at the VA hospital and helped establish Leadership Day, The Citadel… Read More

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