Facebook and Divorce--A "Friend" You May Not "Like"

April 09, 2011

According to a survey from the American Academy of Matrimonial Lawyers (AAML), 81 percent of the nation's top divorce attorneys say they have seen an increase in the number of cases using social networking evidence during the past five years.

And Facebook is clearly not going to be your friend if you have done anything that could be used against you in a divorce case. The survey notes 66 percent of the attorneys used Facebook as evidence during a divorce. MySpace follows with 15 percent, Twitter at 5 percent, and other choices listed by 14 percent.

"Going through a divorce always results in heightened levels of personal scrutiny. If you publicly post any contradictions to previously made statements and promises, an estranged spouse will certainly be one of the first people to notice and make use of that evidence," said Marlene Eskind Moses, president of the AAML.

Support and Custody

While the states all have "no-fault" divorce statutes, evidence of infidelity or other questionable behavior from Facebook or other computer sources, can be used against a spouse for questions of custody and support.

For instance, if a spouse claims limited assets, evidence of expensive dinners, trips or other spending may not play very well with the judge making decisions regarding the amount of support payments, allocation of debt or distribution of assets.

Pictures posted on Facebook of a paramour in a bedroom of the family house or at an event with the children, could damage any arguments for favorable custody determinations.

Sharing is not Caring

If you post any information on Facebook, even with the strictest privacy settings, it can still get out. All you need is a single "friend" to share it, and it becomes fair game. Once that happens, your spouse's attorney will become one of the biggest fans of that sharing.

Also of concern is material posted by your friend on their Facebook pages, or tweeted, that may provide information you may not want the opposing side knowing.

History?

Your computer's Internet history may provide much more information than think. Your browser's history page records every site you visit. This information can often be found by a casual search.

If a spouse suspects more information may be hiding, a forensic examination may show virtually everything you have ever had on your computer. Most problematic, files and documents you think you have deleted may not really be deleted.

Most programs only "delete" the file directory; the text file or photo is left unchanged, and can be uncovered by many recovery programs.

The best advice is to remember that anything on Facebook, Twitter or other social media of any type is public and during a divorce, if it could be used by the other side against your interests, it should not be posted.

Article provided by Jennings and Jennings
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