What role will social media and online evidence play in your divorce?
Social media and electronic evidence is commonly used in divorces and other contested family law matters.
March 21, 2014
What role will social media and online evidence play in your divorce?Article provided by Stolar & Pollins, PLLC
Visit us at http://www.stolarpollinslaw.com
If you are like most Americans, you are a member of at least one social media or networking site. Whether it be a site based around making professional or career-oriented connections (like LinkedIn, for example) or one that fosters more casual relationships (like Facebook, Twitter or Google+), most of us log on to social media at least a few times a week. The relationships and connections we foster there are important to our lives, providing a sense of comfort and support.
Normally, social media is "good, clean fun," and there is little risk of your online life conflicting with your real world self. That might not be the case if you are in the middle of a divorce or other family law dispute (like a custody or support fight).
It is important to remember, that, to paraphrase the Miranda warning given to people in police custody, "anything you say on social media can and likely will be used against you." A survey conducted by the American Academy of Matrimonial Lawyers finds that an average of 81 percent of attorneys polled say that have seen a marked increase in the amount of social media evidence in recent years.
Types and sources of evidence
Whether you realize it or not, every time you log on to a social networking site, send a text, check your email, surf the web, order something online or make a call on your cellphone, you are leaving an electronic footprint. When you are involved in a divorce, child custody dispute or other bitter legal battle, your activity could turn into a mountain of electronic evidence against you.
Did you email an old boyfriend or girlfriend from a computer you share with your spouse? That will likely be discovered and used as evidence. Did you, in a moment of panic, run an online search for how to take your children out of the country to keep them away from your spouse? If your browser history is discovered, it could jeopardize your chances for custody of your children.
Electronic evidence is widely varied, and can take the form of:
-Updates or comments posted online
-Text messages
-Instant message transcripts
-Emails
-Cellphone records
-Dating website activity
-Pictures
-"Check-ins"
-Online shopping receipts
-Browser history records
Monitoring your online presence
This is not to say that you must go completely "off the grid" when involved in a family-related legal matter. You can still make phone calls and send emails to friends and loved ones. You are free to use your social networking accounts, but you must be careful about the types of information you make public.
For example, a rant bashing your ex is an extremely bad idea. Even if you delete it almost immediately, someone could have grabbed a screenshot, or a cached version of the page might be available that can be introduced into evidence. You may have momentarily felt better, but in the long run, no good will come of such actions.
A good rule of thumb in divorce, custody or support cases is that if you wouldn't want the judge to read it, you shouldn't post it online. Remembering that whenever you log on will help decrease the chances of something you say being used against you. If you have questions about the types of electronic evidence available, or you need help moving forward with your own case, speak with a family law attorney today.