• 14
  • May
    2010

According to a survey by the American Academy of Matrimonial Lawyers, attorneys nationwide are relying more and more on social media sources for information in divorce and family law cases. Facebook is cited as by far the most common source.

Over the last five years or so, evidence from Facebook, Twitter, MySpace, blogs and other social media has been increasingly introduced in divorce cases, child custody disputes, and spousal and child support enforcement actions. Evidence of a person's lifestyle can be used to demonstrate spending habits, irresponsible behavior by parents, or failure to seek employment contentious cases - even perjury.

"It's amazing what people tell the universe," said one attorney in an interview with the Las Vegas Sun. "It's unwise to put something on the Internet and say something else in court."

The Internet Is Forever, When It Comes to Divorce Cases

Your privacy settings won't protect you. Often, even removing the information from the Internet won't keep it out of an opposing lawyer's hands. Websites such as the "Wayback Machine" can retrieve old versions of web pages months or even years later. Attorneys can typically subpoena web sites directly to obtain information hidden behind privacy settings.

"It's fairly common when you deal with child custody cases," another divorce lawyer commented in the article with the Sun. We hear stories all the time about people who have shared too much on the Internet, causing them to tarnish their reputations, lose jobs or even be arrested.

Fishing for information on social media sites can be very productive. According to Mary Anne Decaria, president of the Nevada chapter of the American Academy of Matrimonial Lawyers, it's also "fun for lawyers because you can find the proverbial smoking gun."

Examples of Facebook evidence that could be used in family law cases:

  • In a child custody dispute, pictures of a drunk parent or information demonstrating the kids aren't being properly supervised
  • Photos of expensive vacations, new cars, or other big purchases used in child support enforcement actions
  • Evidence that the other party's lifestyle is at odds with his or her claimed income, used to show hidden assets or to dispute a claim of inability to pay support
  • Posts, job titles or other indications that a party who is unemployed and not paying child support is not actively seeking a job

Related Resource:

"Surprise witness: Facebook" (Las Vegas Sun, April 30, 2010)