Since around 2009, a lot has changed because of social media. In the last decade, social media has changed practically everything. It’s influenced relationships, breakups, romances, marketing, families, public relations, pop culture, and even divorces.
To illustrate this point, try to find one person in your family or circle of friends who does not have a Facebook account. Among your colleagues, friends, and family, you’d be hard-pressed to find someone who does not have at least one social media account, whether it’s Facebook, Instagram, LinkedIn, or Snapchat. Chances are greater that most people you know have the Facebook and Instagram apps installed on their phones.
Divorce Court is Not Immune to Social Media
Social media has influenced most aspects of our personal and professional lives and it’s trickled into divorce proceedings as well as criminal cases. Evidence from social media posts is now being used against people in the courts.
According to divorcemagazine.com, “Generally, your social media posts as evidence are admissible against you in court if they were not obtained by illegal or deceitful methods. An attorney or your spouse cannot create a fake profile to friend you and then use the posts on your profile as evidence in court. Likewise, your ex cannot hack into your social media account profiles and use the discovered posts as evidence.”
But what about your public posts? Since they can be viewed by anyone on the internet, they can be used as evidence in court. Also, if one of your “friends” share your post and your ex runs across it, your ex can legitimately use those posts against you.
Why Social Posts Can Be Harmful
During a divorce, a spouse’s social posts can be very damaging to their case. Social posts can prove all kinds of things, such as cheating, a new job when a spouse says they can’t afford child support or spousal maintenance, money spent on lavish vacations or big purchases when the spouse claims they’re broke, or inappropriate (partying) behavior when the spouse is amid a child custody battle, and so on.
So, what do you do? Do you take a social media fast during your divorce to protect your interests? We have to agree with what Shalamer Parham wrote for divorcemagazine.com:
“Many divorce and family law attorneys will advise their clients to deactivate their social media accounts or, at the very least, reset their profile settings so that their posts can’t be viewed by the general public. This advice is given to minimize the risks of their posts inadvertently providing evidence for their spouse in court,” wrote Parham.
If you’re looking for a divorce attorney, contact Kaplan Law L.L.C. at (303) 747-4748.