Social Media Used as Evidence in Divorce Cases

Social media has a major presence in our lives and a profound ability to impact us in various ways, even when it comes to a divorce case. In fact, nowadays, most of us are active on more than one social media platform, such as Instagram, Facebook, and Twitter, which all make it easier to overshare the details of our lives in numerous ways. While social media is an excellent tool for connecting with friends and family, social media can also be used as evidence against you in court. Moreover, the use of social media has been known to negatively impact the happiness of a marriage.

A Source of Evidence

With the plethora of details people provide via social media, it should not be surprising that the courts have caught up with this modern tool, allowing this source of evidence to be utilized at trial. In fact, according to the Web Preserver, about 81% of divorce attorneys are able to uncover useful evidence from social media to present in court and 66% of divorce cases use Facebook as a primary source of evidence. Additionally, a third of divorces are sparked by online affairs.

That said, information obtained from a spouse’s social media account is not admissible in court if it was acquired through illegal means. For example, if you or your attorney were to create a fake account to befriend your spouse on social media and gain access to his or her posts, the information gleaned could not be used in court. On the other hand, if your spouse’s social media accounts are public or you are able to view his or her posts without taking any illegal actions, the material can be used in court. For example, if mutual friends tagged your spouse in a post, allowing you to view potentially damning evidence, it would be admissible in court.

If you are concerned about social media being used against you, a good rule of thumb is to stay logged out of social media until after your divorce is finalized. You should also have a talk with your friends and family members, asking them to respect your privacy during this time and not to tag you in any posts or to discuss your situation.

Compassionate Long Island Divorce Attorneys

If you and your spouse are calling it quits, you are going to need a skilled divorce attorney on your side to guide you throughout the divorce process and protect your interests. At Law Offices of Sandra M. Radna, PC in Long Island, our knowledgeable team of divorce attorneys is dedicated to providing clients with the personalized and high-quality representation they need during this difficult time.

Get started on your divorce case today and call our legal team at (631) 400-3342 to schedule a consultation and learn more about how we can help you!

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