If you are planning to get divorced, you may want to consider taking a break from social media websites. Facebook, Twitter and other social media sites can be a fun way to connect with other people, but your posts can also get you into trouble during a lawsuit. Your pictures and posts can provide your spouse with information that can be used against you.
The American Academy of Matrimonial Lawyers (AAML) conducted a survey of divorce lawyers across the nation and discovered there has been an increase in the use of evidence obtained from social media websites in divorce cases over the past few years. Not surprisingly, Facebook was listed as the largest provider of damaging evidence. However, other types of digital evidence used in divorces included text messages, emails, and computer search history logs.
A few examples of how your social networking can potentially be used against you in a divorce case include:
- Photos of you with your new girlfriend
- Posts inappropriately venting about your spouse
- Posts saying negative things about the judge or the divorce proceeding
- Photos of you drinking alcohol or engaging in other questionable behaviors
- Evidence that you had an extra-marital affair
Although Florida is a “no fault” state, which means you do not need actual grounds for the divorce, proof of adultery or abuse can be relevant in some cases. For example, if you are involved in a custody battle, you don’t want your spouse to use pictures or posts as evidence to support a claim that you are an unfit parent.
You should not assume that your spouse cannot access your social media account because you have blocked her from your account. It is common for a spouse to access your account by using your child’s account or through a friend or relative’s account.
While you are going through a divorce, consider taking a break from your social media activity. However, if the thought of going “cold turkey” from social media is too much for you to handle, at least use caution before posting anything. Remember, you don’t want to post anything you don’t want the divorce judge to see.