Facebook: Changing the Landscape of Texas Divorce

May 19, 2011 (Press-News.org) A recent story shows the potential mischief that can be caused by simply having a Facebook page. Richard Leon Barton Jr. posted pictures of his wedding on his Facebook page. One problem. Technically, he wasn't divorced from his first wife. And she saw the pictures.

He is now facing polygamy charges in Michigan. Apparently, he believed he was divorced from his first wife, Adina Quarto. While they had discussed divorce, and were separated, they had never finalized the divorce.

He had "defriended" his first wife before he married his second, but Quarto came across the wedding photos in the public part of his Facebook profile and she contacted police, as she was unsure how to proceed. In Michigan, polygamy is a felony and carries up to a four-year prison sentence and up to a $5,000 fine.

Facebook's Role in Modern Divorce

Facebook represents a new chapter for divorce in Texas and across the United States. Before Facebook, a suspicious spouse could follow their wife or husband around, check their pockets or their purse, attempt to overhear phone conversations, or even hire a private investigator.

Today, much of that type of information may already be provided, simply by clicking on their Facebook page, and often it comes with telltale pictures! Facebook has become so ubiquitous that many users unconsciously leave vast amounts of evidence that could come back to haunt them during a divorce proceeding.

Updates and pictures, describing places they have been, restaurants they have eaten at, where they are going, all can provide a roadmap for a soon-to-be-ex-spouse to gather all they need to know about their spouse's behavior, all conveniently dated and time-stamped.

Divorce Court Evidence

It is little surprise that divorce lawyers have become big fans of Facebook. Is the opposing side claiming their limited resources make it impossible to pay the child support payment your client is demanding? Why, look at the recent post on their Facebook page, showing them eating with their new "friend" at the most expensive restaurant in town. The judge might find that very interesting.

And it's not just their own pages. They may be careful and not place any incriminating information on their page, but what about their friends? Their best friend and their old college roommate might not be so prudent.

Information takes on a life of its own once it enters the World Wide Web. For couples involved in a divorce, it may bring new meaning to Shakespeare's words, "What a tangled web we weave, when first we practice to deceive."

Protect Yourself and Keep an Eye Out

If you are involved in a divorce or family law matter be vigilant about what you share on the Internet. If you find information that could be beneficial to your case, download pictures and/or take screenshots of the info because it can be taken down just as fast as it can be put up.

As always, be sure to share any potentially useful evidence with your Texas family law attorney.

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