Social media is a tool that most people use or have some sort of exposure to. Therefore, it can have a profound impact on divorce cases. According to Web Preserver, 81 percent of attorneys found evidence on social media that they could use in court. Furthermore, roughly one-third of legal action that occurs in a divorce happens because of affairs that take place online.
Generally speaking, most items posted on social media in the United States can be used as evidence in a divorce case. However, it is important that the content is obtained legally. For instance, it is illegal to hack into another person’s social media account or create a fake profile in an effort to obtain information. This is true for both a former spouse or an attorney hired to represent that person. However, anything that is posted for the public to see can be used against an individual.
The same is typically true if an online friend shares or otherwise circulates content on their own digital wall or timeline. It is important to note that Twitter may allow a person to read content without the need to create his or her own account. Ultimately, an individual should be careful whenever posting content as it could have an impact on a divorce proceeding.
Those who are going through a divorce may need to be cautious when sharing information about their case. Posting pictures of money or expensive items may undermine a person’s assertion that he or she can’t afford child or spousal support. An attorney may provide guidance to an individual as it relates to using an account properly. Legal counsel may also use posts from another person’s account in an effort to gain leverage in settlement talks or in a divorce trial.