Facebook could make your relationship or break your relationship.
Social networking is not only responsible for an alarming increase in divorces which begin with an online chatting with a college classmate, old or new friend, but it is also an unraveled leader for online evidence that would later be used to prove one’s fault. Nowadays, it is rare where there is no evidence of Internet based material in a contested divorce case. Facebook has been the couple’s worst nightmare in a divorce proceeding. Two thirds of the lawyers surveyed by the American Academy of Matrimonial Lawyers in 2010 cited Facebook as the “primary source of evidence” in divorce cases. Your words, pictures and videos can all become evidence that subject to discovery by the opposing party. It is noted that photos and videos harvested on the social media also include those posted by family members, friends and co-workers on their own personal pages. These materials are used not just for divorce matters but other related legal battles, such as child custody.
For example, videos of drug or alcohol abuse may harm divorce or child custody rulings. Photos of luxury cars and lavish vacations may create a complication in asset division during a divorce. It is not wise where you are ordered not to remove your child out of the state, but post the picture of your out-of-state vacation with the child on Facebook. Bragging about your new job on Twitter after asking the court to reduce alimony or child custody due to the unemployment is also a bad idea.
What should you do prior to or during a divorce and other related family law proceedings?
(1) Divorce your Facebook and Twitter. When you are contemplating or starting a divorce proceeding, divorce or at least separate yourself from your social media accounts. This means, close your accounts, or carefully scrutinize the archives and delete the substances that seem to be untrue, exaggerating, disparaging, contrary to your attorney’s recommendations, or in violation of any existing court orders. There is not much you can do with photos or videos posted on other friends’ pages which may become damaging evidence. Your friend will do you a big favor if he or she agrees to remove it. However, if he or she sides with your spouse, you are stuck.
(2) Gather helpful information through social media. Use your online capabilities to gather whatever information that may be helpful to your attorney and strengthen your position, e.g. examine your spouse’s public social media page and collect evidence that may be used against him or her, but don’t hack into his or her secured account attempting to gain incriminating evidence. If this happens, the judge will not rely on any unlawfully gathered evidence to rule in your favor, and worst of all, you could be subject to criminal prosecution.
(3) Learn to be a savvy social networker. Think twice as to whom you want to invite to be your friend and from whom you accepted invitation to be his or her friend. Pause for a few seconds about what you want to post when you log on your accounts. Don’t post anything that might be used against you in the future; don’t post details about your private life; don’t vent about your parent related frustration; don’t condemn your spouse’s alleged infidelity without proof; and don’t post wild and crazy party pictures. A good rule of thumb is not to post anything on social media sites that you want a judge to see and to be used as a piece of evidence against you.
A family lawyer can offer you the best course of action as what you should do with your Facebook and Twitter before or during a domestic relation proceeding. You could choose to heed their warning or ignore it. But remember, pictures and videos on world wide websites accessible by everyone can be incredibly challenging.
For additional information contact us today at edamaral@amarallaw.com for a consultation.
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