{"id":351756,"date":"2016-04-04T11:02:32","date_gmt":"2016-04-04T16:02:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/divorce\/facebook-divorce.html"},"modified":"2023-06-27T08:16:56","modified_gmt":"2023-06-27T13:16:56","slug":"facebook-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/divorce\/facebook-divorce.html","title":{"rendered":"The Use of Social Media in a Divorce"},"content":{"rendered":"\n
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The Use of Social Media in a Divorce<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Social media is a useful tool to help user stay connected. Increasingly, as we share more and more private information on social media, it has become useful in divorce litigation.  Divorce attorneys can research social media for information once considered private, like evidence of an extra-marital affair. <\/p>\n\n <\/div>\n\n

Facebook. Instagram. Tiktok. Snapchat. Twitter. Reddit.<\/p>\r\n

Social media activity can also be a goldmine for divorce lawyers. They can find information they might never have found using traditional methods. No laws exclude information from social media accounts from being used in divorce proceedings. They can get information on social networking sites via email, cell phone, or computer data retrieval.
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Explore how divorce attorneys use social networking sites for discovery in the divorce process.<\/p>\r\n

What a Lawyer Can Find on Social Media<\/h2>\r\n

Divorce lawyers have access to private information provided by their clients. They also have access to public information found on social media. There is often more information than people realize. Despite Facebook’s privacy settings<\/a>, a person’s history and whereabouts may be a mouse click away.<\/p>\r\n

People often believe their social media posts don’t have the same consequences as real-life events. This is not the case. For example, they may believe that online flirting is not the same as flirting in a bar. In reality, what people say and do online can have serious repercussions in a divorce or child custody case.<\/p>\r\n

Below are a few examples of damning evidence found on social networking sites. Keep in mind that even deleted content may be retrievable by forensic experts<\/a>. They might use it in court as evidence in a divorce proceeding.<\/p>\r\n

A friend’s Facebook photo and "tag" show you at a party when you claimed you had no time to see your children. That doesn’t look good for your child custody<\/a> case.<\/p>\r\n

An Instagram photo of a high-end purchase conflicts with your story of unemployment. That could affect the judge’s decision in your child support<\/a>, alimony, or spousal support<\/a> case.<\/p>\r\n

Twitter party posts conflict with your story of a business trip keeping you away from the kids. That could harm your argument for more visitation<\/a>.<\/p>\r\n

A profile on a "dating" site like Ashley Madison could be used as evidence of infidelity<\/a>.<\/p>\r\n

A side business on the professional networking site LinkedIn or Etsy could hint at undisclosed income.<\/p>\r\n

Most social networking sites can track your whereabouts and your habits.<\/p>\r\n

Social Media and Divorce Legal Issues<\/h2>\r\n

Legal issues concerning the use of social media data in divorce cases vary.<\/p>\r\n

For instance, adultery is still grounds for divorce<\/a> in some states. In most adultery cases, direct evidence is unavailable because these are typically secretive relationships. Circumstantial evidence, such as photos and information posted on social media apps, may be enough to establish adultery.<\/p>\r\n

Evidence-worthy photos on Facebook alone may not be sufficient grounds for divorce. It may be enough proof for an undesirable outcome when combined with other information.<\/p>\r\n

Tips for Social Media Users Facing a Divorce<\/h2>\r\n

Think before you upload that picture or post that comment. Consider these tips to help you avoid a Facebook divorce:<\/p>\r\n