Social Media and Divorce, Part 2: Possible Advantages

 Posted on December 00,0000 in Divorce

In a recent post on this blog, we talked a little bit about how social media can be dangerous when you are going through a divorce. If we are being fair, however, the dangers of social media are only half the story. It is also very possible for social media posts—such as those on Facebook, Twitter, or Instagram-to be used to your advantage during your divorce proceedings. As you approach your divorce, there are some things to consider that could help you—especially if your spouse has a tendency to overshare on social media.

The Internet Is Forever

For generations, divorce cases have relied on a great deal of “he said, she said” testimony and evidence. A battered spouse, for example, who never sought medical care or help from law enforcement could only present her interpretation of the situation verbally. With the rise in popularity of social media sites, evidence from such sites is finding its way into the courtroom. In fact, a recent survey of divorce lawyers reports that more than 80 percent of them have seen social media evidence increase in their divorce cases.

If your spouse posts a threat or negative comment on Facebook, he or she might as well have written it down and handed it to you. These types of posts can certainly be used during your divorce and child-related proceedings. Deleting a post does not make the evidence go away; it is very easy to save a copy of the post so that it can be preserved for future use.

Supporting Evidence

It is important to keep in mind that social media evidence is not likely to be convincing on its own. Instead, it may be best suited for use as supporting evidence in your case. For example, if your spouse posts pictures of him- or herself on vacation during your divorce, that alone is not enough to suggest that he or she is wasting marital assets on the trip. Such photos, however, combined with credit card statements or receipts could be used to support a claim of dissipation.

Deleting Raises Questions Too

You may also have cause for concern if your spouse’s social media accounts suddenly disappear, especially if he or she has been to known to use them regularly. It is one thing to stop posting new updates or photos, but deleting large chunks of his or her post history could be a red flag that he or she is trying to hide something. Depending on the situation, deleting or scrubbing social media accounts could be seen by the court as the sdestruction of evidence, leading to potential sanctions against your spouse during your divorce.

Let Us Help

If your spouse has continued to post on social media and you have questions about how such posts may be used to your advantage, contact an experienced DuPage County divorce attorney. Call 630-409-8184 for a confidential consultation at the Law Office of Matthew M. Williams, P.C. today.

Sources:

http://www.prevention.com/sex/social-media-mistakes-during-divorce/

http://www.forbes.com/sites/jefflanders/2013/08/20/how-social-media-can-affect-your-divorce/