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Internet Evidence and your Divorce

If you are involved with online social networking sites like Facebook, Twitter, or another popular website, then you know that these pages are open for the world to see. As a result, they are also free material for an opposing party in a lawsuit or a divorce. If you post Facebook statuses about drinking and driving, doing drugs, or partying with friends, then your spouse may use this as evidence that you would not be a good primary custodian for the children. If you post that you hate your ex-spouse, then this may raise concerns about domestic violence and limit the amount of time that you can spend with your children as a result.

Courts are becoming more and more reluctant to recognize privacy rights when it comes to posting thoughts on a public forum. Recently, a Manhattan resident’s tweets were released for public scrutiny in an ongoing criminal investigation, and the court argued that if they were published for the public to read the court had the right to use them as evidence. Most of us know someone who posts their contempt for their ex on Facebook in the form of photos, statuses, or maybe even shared songs or memes. Whatever it is, these vocal displays of your feelings can actually become evidence against you in court.

Family lawyers suggest that you be ultra-careful what you post online because it could come back to haunt you. If you are tempted to rant about your ex online, then you should shut down our Facebook until after the divorce is over. In addition to Facebook and Twitter, you should think before you text. The court can often mandate access to your phone and read any messages you have sent friends that criticize your ex. According to family lawyers, if you want to bash your spouse, do it in person with a friend. Don’t do it over a medium where the conversation can be saved. Contact a family lawyer at the Meyers Law Group today if you are dealing with child custody or an alimony issue and you need professional, legal aid.