Social media plays an important part of our daily lives. We share photos after meeting up with friends, taking fun vacations, and other big moments of our lives. Although a meaningful way to connect with friends and loved ones, it is important to know that information posted online can play an important role in legal matters — including divorce cases.
Social media as evidence
Platforms like Facebook, Instagram, and Twitter are more than just mediums for social interaction. They can also serve as a place to search for evidence in divorce cases. Those going through a divorce may look through social media sites for evidence of infidelity or misuse of finances. Although California is a no-fault state and neither party needs to establish infidelity to move forward with the divorce, findings of infidelity could impact other matters like child custody and property division determinations. To this end, posts, messages, or tagged photos can serve as evidence of extramarital relationships while undisclosed purchases, vacations, or assets that a spouse may not have reported during divorce proceedings can serve as evidence of misuse of marital funds.
Legal considerations and limitations
While social media evidence can be compelling, the party who presents this evidence must gather it in a way that is in accordance with the law to be admissible in court. Important points to keep in mind if dealing with social media evidence include the following:
- Authenticity: It is important to authenticate evidence from social media with clear indications that the content is not altered and belongs to the opposing party.
- Privacy laws and ethics: Illegally obtained evidence, such as hacking into a spouse’s account, is not only unethical but also inadmissible in court.
A failure to meet these points can mean the court will not allow the use of the evidence during divorce proceedings.
The digital age has transformed many aspects of life, including how the court handles legal matters. Social media can play a role in divorce, reflecting both the personal and financial aspects of a person’s life. Individuals are wise to move forward with such evidence carefully to better ensure they do so within the bounds of the law. Making sure the approach is tailored to your specific situation can help to better ensure a more favorable outcome and ease the transition to post divorce life.