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Divorces and Facebook Do Not Mix

October 14, 2012 by  
Filed under Divorce, Family Law

Divorce Drama and Social Media

Social Media, and Facebook in particular, has changed the way we communicate.  The term “Facebook Drama” has entered our modern language and become synonymous with contentious presentation of information over the Facebook website.

The implications of a simple relationship status change from “in a relationship” or “married” to “single” can send digital shockwaves across a social group.

A divorce can be the most contentious and dramatic event that someone may experience.  It may seem natural to talk about, complain, vent, or bad mouth the other side through what’s become a normal communication channel in our society.  This is never a good idea.

Interesting Article on the Use of Social Media in Divorce Cases

This article on Social Times does a great job laying out how social media can be used in divorce cases: Social Media and Divorce

The article identifies four major areas that social media information has been used in family law and divorce cases:

  • A person’s state of mind
  • Evidence of communication
  • Evidence of time and place
  • Evidence of actions

You can imagine how differently some people would talk or behave in these situations if they knew that what they’re posting could be evaluated in the above way.

Some may be thinking: “They can’t do that.”  Oh yes, they can.  There is no “reasonable expectation of privacy” on social media, like there is with other activities in your home.  In other words, a judge may order you to produce passwords and anything else needed to access your accounts and what you’ve written.  The information on your social media pages is treated the same as other, more traditional forms of evidence.

What to Remember with Social Media and Family Cases

The take away message: Anything placed on any social media, whether it be Facebook, Twitter, or any other outlet is easily accessible.  This includes people who may work against your interests.  Social media information is admissible evidence in court.

Never say anything related to a family case or an anticipated case, divorce or otherwise on any social media outlet.  You can only potentially be giving the other side information which could be used as evidence against you.

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