Don't Tweet About This! Social Media's Growing Impact on Divorce

October 23, 2012

One Texas judge recently told our law firm that 90 percent of all divorce cases before him involve Facebook and/or Twitter. Yes, folks, we are deep into the 21st century, a century where court cases can turn on a Tweet or a Facebook wall post.

As attorneys, we have come to accept that social media is an important part of our divorce practice. Most people involved in child custody battles today are part of Generations X and Y, the two groups that use Facebook and other social media the most.

Perhaps your divorce ended because you found out that your spouse cheated on you through a Facebook message. Perhaps the other parent uses social media so often that he or she has neglected you or your children. Or perhaps you believe a drunken tweet proves that your spouse should not receive child custody. In any case, social media can affect the outcome of your divorce or child custody battle.

How Can Social Media Be Used in a Divorce Case?

First, an attorney can ask you to provide a copy of your social media accounts. If you dispute the request, he or she can then file a motion to compel the evidence.

It is important to remember, now and in the future, that everything you write on your Google +, Facebook, Twitter, or other social media account can be used as evidence against you (or for you) in your family law case. Therefore, as a preemptive step, we recommend sending your attorney a copy of your entire Facebook page, including archived information.

Even if you have a locked account and the opposing attorney cannot access a social media page, he or she can still ask a number of questions that pertain to social media usage, including questions regarding how often you use social media; whether you have posted any negative comments about your spouse or children on social media; what kinds of pictures you have on your account; and who has access to your account.

How Can You Protect Your Privacy?

If you are involved in a family law dispute, the most important step for you to take is to turn the privacy settings on and make sure that your ex-spouse or any of his or her family/friends cannot access the account. If your social media is public, it is immediately fair game for the other party. Next, make sure to avoid making any comments at all about your lawsuit or the judicial system. It goes without saying that calling the judge a name on Twitter is not a good idea.

A little less intuitive is this tidbit: If you are in the middle of a child custody case that includes evidence from your Facebook page, do NOT comb through your posts and delete the ones that could be considered detrimental. This is called spoliation and you could be fined and could even lose your case.

Finally, seek the help of an experienced family law attorney. A lawyer with experience in how social media affects divorce can help you minimize the effects of any damaging remarks and use social media to your advantage.

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