Social Media Postings Can be Used as Evidence in Divorce Cases

People reveal some of their innermost thoughts and feelings on social media, not realizing who may read them and how words and photos posted could be used in legal proceedings. One of the first thing attorneys and their staff members do in preparing for a divorce is to review the social media postings of their client and his or her spouse. Those postings could be of no help or could be critical in a divorce proceeding.

With an estimated 65% of adults using social media and 89% of those under 30 using it, the internet is a fertile field to harvest information, photos and videos, potentially showing an individual’s state of mind, validation and corroboration of communication and other evidence. These posts can show the who, what, where, why and when concerning a wide range of relevant events. Fears of infidelity could be confirmed, a party’s income and spending could be illustrated and one spouse’s feelings towards the other can literally be quoted from websites.

It’s not just the content that can be helpful. There is contact information, a list of networked of friends (and possible witnesses), locations, daily routines and interests also available for viewing. 

If you are considering getting divorced, you should consider stopping the use social media. If you feel the need to continue to use it, remember that what you post could be read by your spouse’s attorney. 

Do not delete any postings. If you are expecting possible litigation this could be interpreted as destruction of evidence and you could be sanctioned by a trial judge. If your spouse has posted incriminating information, photos or videos, download and copy them in case your spouse tries to delete his or her postings.

If you are considering getting a divorce and have questions about legal issues and how evidence is used during the legal process, contact the Scottsdale, Arizona family law attorneys at Nirenstein Garnice by calling (480)351-4804 for a consultation today.