Use of Social Media May Affect Your Texas Divorce

December 09, 2010

As the popularity of online social media networks steadily rises, it is important to realize that the messages and pictures you or your spouse post are public and could be used as evidence in court. In a recent survey of members of the American Academy of Matrimonial Lawyers, 81 percent noted an increase in the use of social media as evidence over the last five years.

The Social Media Platform

Social Media is "a term used to describe a variety of Web-based platforms, applications and technologies that enable people to socially interact with one another online", as described by Webopedia.com. Social media and networking sites like Facebook, YouTube, MySpace, LinkedIn and Twitter have created an outlet for people to share their everyday life, making their personal activities public.

The online broadcast of one's thoughts, interests, activities and photos is an exciting new existence for many people. However, this new platform can also create devastating consequences for inexperienced users who fail to exercise caution. A large portion of people have made regrettable social media decisions while involved in family law issues concerning their divorce, child custody, prenuptial agreements, and so on.

Keep Your Divorce Offline

Many people going through a divorceseek support from friends and family, sometimes through social media. Every user should understand that the content you post on these sites is available for everyone and anyone to view, including attorneys and judges involved in your case.

In July 2008, Trisha Walsh Smith posted a video of herself commenting on the terms of her prenuptial agreement with her then-husband Phillip Smith. She also made degrading comments about Smith on the video. The video was viewed three million times. New York Justice Harold Beeler was one of those viewers; he ruled in favor of Mr. Smith, granting him a divorce on the grounds of cruel and inhumane treatment.

Reaching out to friends and family can help one cope with the stress of a divorce, but it's best to keep such private information for telephone and face-to-face conversations. Traditional conversations not only preserve privacy, but they make allowances for inflection, tone, sarcasm and humor; written words can easily be taken out of context and seen in a negative light, regardless of the author's intention.

If you must communicate over a social networking site, like Facebook, there are some guidelines you should follow to maximize privacy safeguards:
- Change your password: If you used a particular password during your marriage, change it - your spouse may know it. This is a good practice anyway, as internet security experts recommend changing your passwords at least every 3 months.
- Use the most restrictive privacy settings: Most of the social media sites have privacy settings. Make sure your settings are on the highest privacy level. However, know that privacy settings aren't foolproof and can be sidestepped. Always assume that what you post will be read by everyone you know.
- Think before, not after: You can't put the genie back in the bottle; if you have any reservation about posting something, don't do it! People think they can fix their mistakes by deleting after-the-fact. You cannot entirely white out the content -- it could be electronically recovered amidst a hotly-contested divorce, or someone could have downloaded a "snapshot" of your post.
- Always keep it private: Sites such as Facebook allow you to post information on your "wall" or the "walls" or others. Assume information shared on walls is 100 percent public. You can never be certain of who may see it. If you want something to be private, send a personal message or use a secure e-mail account.
- Be wary of your "friends": Regardless of your personal effort in keeping your personal info private, a friend could unwittingly share info or photos that could compromise your divorce case. Tell your friends that any information concerning your marriage, your divorce and your ex-spouse is off limits for social media.

While you understand the importance of keeping your public-facing social media use for fun, not for serious matters, your spouse may not. If your spouse has posted incriminating, degrading, or inappropriate content, immediately download and save the data. Contact your attorney and share the potential evidence with him or her.

A Houston Divorce Attorney Can Help

Knowledgeable family law attorneys have adapted to the times; they know that many divorce and custody cases involve evidence obtained from social media. Contact a divorce lawyer to confidentially discuss the circumstances involved in your case and assess your options.

Article provided by Kerr & Hendershot, P.C.
Visit us at www.k-hpc.com