How Does Social Media Effect a Family Law Case

By: Steven D. Fichtman

In this digital age, we’ve all gotten used to sharing a lot about our lives on our social media accounts. But there are some things that should never be posted! If you’re staying home “sick” from work, don’t talk about your actual whereabouts; if you’re going out of town, don’t tell everyone when your house will be vacant; and don’t post about your ongoing family law case.

There is a good chance your spouse will check your social media accounts and, now, opposing lawyers and even judges are getting in on the act. It is common place in today’s family law cases for participants to use social media to learn more information about you from your social media pages. Sometimes, a person’s Facebook account can provide enough information to lose their family law case.

Often a party will not need to look too far to find messages about a spouse, lawyer, or even the Judge. These messages can be easily saved, printed, and used against you. A good rule of thumb is not to post statements that you would not want your mother to read (or, at the very least, your judge).

Another issue we have run into is that individuals involved in family law cases sometimes post embarrassing photographs of themselves which can also be used in court. While a photograph from a party you went to six months ago may sound like a great image to include in your profile, that same image can be used by an opposing lawyer against you. During your family law case it is not a good idea to post photographs of yourself that you would not want a judge to see. Obviously it will be hard to convince a judge what a wonderful parent you are – even if it’s true – when there are photographs of you intoxicated, incapacitated, or in an uncompromising position available for anyone to see.

The most egregious mistake you can make is to post information you have discussed in communication with your lawyer. Often times in your family law case there is a strategy adopted from the onset which will be used throughout the case and ultimately through to trial. Clients sometimes post those private communications and even trial strategy on their social media accounts. Needless to say, this can be devastating to your family law case as it will not only encourage your spouse to change their behavior, but the opposing lawyer will also learn your strategy and be prepared to defend against it. When information is posted for everyone to see, it may have a devastating impact on your case.

So if you’re involved in a family law case, before you post about your spouse, children, opposing counsel, judges, or communications you had with your lawyer, understand that social media can easily jeopardize your case long before you ever step foot into a courtroom.

What if my will was written in another state?

By: Attorney Adam A. Czaya

Wills written outside of Florida are valid in here in Florida if they were validly written in that state (or country). Florida, however, does not recognize holographic wills (wills that do not have two witness signatures and the signature of the testator). So you will need to make sure that your will does have two witness signatures and your own signature in order for it to be valid here in Florida.

However, even if your will is valid, you may want to consider re-writing your will now that you're here in the Sunshine State. There are advantages to having a Florida will including that Florida allows the testator to create a separate document that distributes tangible personal property without amending their will. Tangible personal property includes things like fur coats, specific pieces of jewelry, or pieces of art. This is very convenient and many people like the advantage of being able to keep a separate list of these tangible personal property items and who they want to leave them to because the process for updating or changing this list is much simpler than revising your will.

A separate writing is only valid if the document is specifically referred to in the will itself. If your will was written in a state that does not allow the use of the separate tangible personal property list, it will most likely not be referred to in your will and you will not be able to take advantage of this convenient statutory provision. More detailed information regarding the separate memorandum distributing tangible personal property can be found at § 732.515, Florida Statutes. If you're considering updating your last will and testament from Florida or from another state, feel free to call our office and schedule a consultation with me.

Marion County Holiday Events for December

There are a number of exciting events and activities going on in Marion County this December to celebrate Christmas. Here are some highlights you won’t want to miss!

December 1, 6, 8, 13, 15, 20 (6:00-8:00 pm) – Santa on the Square Ocala

In downtown Ocala on the square, you can see a festive holiday program including music, snacks, a hay ride and a visit from Santa himself! With lots of dates through December 20^th, there are plenty of chances to join the fun.

December 10^th – Ocala Christmas Parade (5:30 pm)

Beginning at 5:30 pm, the Ocala Christmas Parade will take place on East Silver Springs Boulevard. The parade attracts over 60,000 spectators every year. Bleacher seats are available for $9 each. To reserve a seat or for more information, see the parade website (http://www.ocalamarionchristmasparade.com/).

December 17^th – Greater Dunnellon Christmas Parade (5:30pm)

Traveling on East and West Pennsylvania, the parade will begin at 5:30. If you would like to help volunteer before, during or after the parade contact Charlene Williams at 465-0668. Applications to enter floats are still being accepted and can be picked up at Superior Bank on Williams.