Facebook, Marriage, And Divorce: What You Post Could End Up In Court

What’s on your Facebook profile? Or even your child’s Facebook profile? The answer may end up playing a role in your divorce or child custody matter. Using Facebook as a source of evidence is a growing trend and Washington State is no different.

A third of all divorce filings in 2011 contained the word “Facebook.” This was up from 20% the year prior, according to the American Academy of Matrimonial Lawyers. These references to Facebook and other social media may be used to show infidelity or may be used to suggest bad parenting. It can even be used after a final divorce decree to show noncompliance with court orders, like showing one parent is disparaging the other in a medium that the parties’ child might have access to.

Many divorce attorneys are beginning to advise clients to deactivate, or at least make private, their social network activities. Failure to do so could mean that picture you posted from last weekend could end up as evidence of supposed inappropriate behavior, failure to provide adequate care for you child, or as support for allegations of drug or alcohol abuse.

The role of social media in divorce proceedings is on the rise, according to the American Academy of Matrimonial Lawyers, and shows no sign of stopping. If you are in the middle of a domestic dispute, divorce, or child custody suit, remember these Facebook/social media tips:

• Anything you post can become public domain. Would you want a judge to see what you just posted? If no, then don’t post.
• Just because it isn’t on your page doesn’t mean it can’t be found and used against you. Facebook friends may share your picture or your disparaging Tweet about your ex can be retweeted across the internet.
• Don’t discuss your legal proceedings or conversations with your lawyer on Facebook or other social media. Doing so could compromise lawyer-client confidentiality.
• When in doubt: LEAVE IT OUT. Err on the side of NOT posting.

Although social media and being active online is becoming part of our day-to-day lives, you may not want it to be part of the court record so watch what you post.

BERESFORD BOOTH has made this content available to the general public for informational purposes only.  The information on this site is not intended to convey legal opinions or legal advice.

Sources:
http://abcnews.go.com/Technology/facebook-relationship-status/story?id=16406245
http://www.aaml.org/