As technology evolves, it becomes easier for attorneys to discover information that may be relevant to their clients’ divorce cases. For instance, it may be possible to leverage a social media post about an individual’s latest vacation or new car purchase to establish that he or she has more money than previously indicated. It may also be possible to use a dating profile to establish a pattern or cheating or lying prior to the divorce.
Social media and other online posts could also have a bearing on child custody cases. For instance, if a mother posts a picture of her drinking when she was supposed to watch the children, it could be evidence of neglect. If a father is out fishing all day instead of looking for work, it could impact whether or not he gets child support or increased parental rights.
Ideally, an individual will refrain from posting on social media before and during a divorce. Even after the divorce is over, it may be best to think carefully before posting any information that a person wouldn’t want a judge, lawyer or former spouse to see. However, it may be wise to avoid deleting an account as that could be construed as destruction of evidence and result in further legal issues for an individual.
Although emotions may run high before, during or after a divorce, it may be better to not say anything than post information on social media. While an individual may believe that posts may only be seen by friends or other approved individuals, that may not be the case. As long as it can be found online, it may be collected and used as evidence in a divorce. This may impact spousal and child support orders.
