Divorce and Facebook

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Divorce and Facebook don’t mix

Facebook and Divorce Drama

Social Media, and Facebook in particular, has changed the way we communicate.  The term “Facebook Drama” is part of our modern language.  It’s synonymous with dramatic or hostile information.  Divorces can inherently be dramatic or hostile on their own.  For this reason, divorce and Facebook can be a bad combination.

For instance, a simple relationship status change from “in a relationship” or “married” to “single” can send digital shock waves across a social group.  Or, pictures of a new significant other can cause new problems.  Lastly, Facebook provides a public communications channel for spouses.  During a divorce, spouses sometimes abuse this channel.

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.   However, this is never a good idea.

The Use of Social Media in Divorce

This article on Social Times lays out how social media can be used in divorce cases: Social Media and Divorce

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

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

Typically, people talk or behave differently in situations if they know they can be evaluated.  So, keep this in mind when posting anything on a public forum.

In some cases, there is a reasonable expectation of privacy with what you do at home.  However, there is no reasonable expectation of privacy on social media.   In other words, a Judge may order you to produce passwords or anything else needed to access your accounts and what you’ve written.  The social media information is treated the same as other, more traditional forms of evidence.

What to Remember with Social Media and Family Cases

The take away message: Social media postings, whether it be Facebook, Twitter, Instagram, or any other outlet is easily accessible.  Sometimes a spouse has access.  Other times it’s mutual friends or acquaintances. In some of these cases, they may work against your interests.  Social media information is admissible evidence in Court.

In sum, never say anything related to a family case or divorce on any social media outlet.  You are potentially be giving the other side information which could be used as evidence against you.

For other divorce or family law questions, please consult the list to the left or the FAQ page.  If you’re interested in retaining an attorney to help you, please feel free to contact my office for a consultation using the contact information on the left or the contact form on the Majeski Law home page.  For Court rules, please click here.