As the internet has become a daily constant, more details of our private lives are now available for friends, family and coworkers at the click of a mouse.. As a result, the legal consequences of putting our private lives online are emerging in divorce cases.
The Impact of Social Media on Divorce Cases
According to WSLS-10, Facebook can be a couple's worst nightmare during divorce proceedings. The story states, "More than 80 percent of lawyers surveyed by the American Academy of Matrimonial Lawyers said Facebook is showing up in more divorce cases. Sixty-six percent called Facebook the unrivaled leader for online divorce evidence."
While Facebook and other social media sites generally are not the root cause of divorce, the content contained on the individuals' pages can be submitted as evidence in child custody disputes and property settlements that accompany divorce proceedings.
What Constitutes Evidence?
Most people using Facebook frequently post pictures of nights out and vacations, status updates about what they are doing or thinking and comments on other people's content. It all seems fairly benign until someone feels scorned or threatened by a spouse. There are several ways information on social networking sites can become evidence in a divorce proceeding.
For instance, in one Tampa case cited by WSLS-10, a woman posted videos of her and her husband fighting to her Facebook profile. In another, a man vented about his parenting-related frustrations. Both became evidence.
Likewise, pictures can be incredibly incriminating. Photos of drug or alcohol abuse may harm custody cases, while photos of new cars or expensive vacations might create a complication when determining the division of assets.
How Divorcing Couples can Protect Themselves Online
Many divorce attorneys recommend that if you are going through a divorce with your spouse, you also need to divorce your Facebook page. Use your profile to gather whatever helpful evidence you can for your lawyer, and then delete your profile. It's too tempting to attack your spouse online when you're angry and hurt, and anything you post can be used against you.
Other social networking sites can also help your spouse's lawyer discover negative or harmful information about you. According to Time, listing yourself on a dating site as single and childless won't bode well if that's not true. Likewise, a new significant other's Twitter comment about giving you expensive gifts of jewelry might cause a reevaluation of your assets.
The best thing you can do to protect yourself online is to create as minimal a presence as possible.
Speak With an Attorney
If you are contemplating a divorce and have questions about how social networking may affect the outcome of your proceedings, speak to an experienced family law attorney in your area. A lawyer can evaluate your situation, explain your options and recommend the best course of action for you based on your specific circumstances.
