How Social Media Posts Can Affect Your Divorce Proceeding

Just because your Facebook and other social media accounts are “private” does not mean that they are privileged.  Florida law allows discovery of information that is not privileged and that may be discoverable evidence. 

Parents have lost timesharing with their children because of posts and activities on Facebook. During a divorce, it is important to remember that your online presence could be scrutinized by the Court or the opposing side. 

Social media has contributed to the deterioration of marriages nationwide. Facebook and other social networking sites have a large impact on our daily lives.  This impact has a large effect on divorce.  Besides causing divorces, how does social media come into play in our Court cases?

What you post online can also provide intimate details of a party’s current standard of living, which can be used against them in child and spousal support cases.  They can show employability or earning capacity if it is a professional networking site. 

In divorce cases, online postings have become more and more valuable.  Over the years, evidence gleaned from Facebook and other social media sites has multiplied dramatically. 

Here are a few examples:

  • If you claim poverty for support purposes but post pictures of luxury items purchased or the vacation you just went on, this could be used against you;
  • If you claim you couldn’t exercise your timesharing because you had to work, but post pictures of you out with friends having a good time, this could be used against you;
  • Inappropriate posts by your minor children could be used against you;
  • Updating your status to married could be used against you in an alimony matter;
  • If it’s your period of timesharing, but you post pictures on vacation without them.

What to consider in a contested divorce:

If you had joint accounts with your former partner, segregate accounts immediately. Disconnect from mutual friends, who can relay to the other party information from your page. Refrain from discussing the litigation or disparaging the other party.  Ensure your social media passwords are not accessible by the other party.  If they are, change them.

The frequent use of text messages are equally problematic.  Keep in mind that text messages are often used against a party who sends them in anger. Depending on the content of the message, it can affect timesharing or subject a party to an injunction for protection.  So, be sure to control your anger.

Don’t make your case more challenging than it has to be. When you are involved in a divorce, what you post online can certainly hurt your case.  It can adversely impact decisions made by the Court. For information on the divorce process, learn more at https://mckinnon-legal.com.

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McKINNON LEGAL

McKINNON LEGAL is an experienced law firm serving the people of Miami-Dade, Broward, and Palm Beach Counties in the State of Florida. We excel in providing the best family law and personal injury representation possible to all of our clients.

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