With the creation and popularity of social media and other tools, like texting and instant messaging, there are almost limitless ways to share information. Couples that are considering or are going through a divorce need to reconsider what they are posting on social media. When you’re going through a divorce you must keep in mind that nearly everything that you do has the potential to be scrutinized.
Anything you post online can turn up in court. Statements that you have made about your ex-spouse or how frustrated you are can be found, as well as any unflattering pictures. And just because a person deleted something does not mean it disappears.
Over the last five years social media evidence is now routinely used in all types of family law cases. Many attorneys are net-savvy, and they will search your Facebook or other social media sites to try to obtain evidence in your case. Whether they are photographs or posts that are written by you, it is all discoverable and may be admitted in court. This also includes what is posted about you by others, whether it is with or without your permission. What is written about you and your activities could potentially be detrimental to your pending family law case.
A person’s lifestyle is one of the most important factors that go into any family law case especially when there are children involved. For example, a post that is published on your social media site that states “Up all night partying” could damage your case even if it was joke with your friends. Comments like that may be used against you when the Judge is determining parenting time or legal decision making (formerly child custody).
If you choose to continue to participate in social media while you’re going through a divorce, be cautious of each and every thing you post and be aware of exactly what your privacy settings allow others to see.
If you are in need of an experienced family law attorney, please contact Owens & Perkins at (480) 994-8824.