How Family Law Attorneys Use Social Media for Evidence
Call the Attorney at (408) 724-8930
Social media users beware. What you post online can be used against you.
These days our personal lives are not longer private. Cheating spouses are outed on Facebook, incriminating photos are uploaded onto Instagram, Twitter posts demonstrate individual's morals and bad habits, and Foursquare and Yelp check-ins inform others of our whereabouts. Not only can the implications of our social media footprints increase the risk of unrest in a marriage, family law attorneys are turning to the trail of evidence left on social media channels in divorce and child custody cases.
According to a recent study, 65% of online adults use social media and a whopping 89% of those under 30 years of age use social media. Many family law attorneys are now advising their clients to stop using social channels in an effort curb the amount of evidence left online. Some have gone as far as to suggest modifying privacy settings and implementing self-censorship in hopes of limiting what opposing counselors can use in court. The plethora of information in the public domain of the online superhighway can serve as a goody bag for attorneys for the opposing side. Statuses, tags and photos have the ability to reveal a person's state of mind, intent, proof of communication, evidence of times and places that events occurred and proof of actions.
The prevalence of social media being used as evidence in family law cases grows every year. In fact, since 2010 social media played a key role in an estimated 700 family law cases. Landmark cases have decided just how private social media may be in court. In a September 2010 case it was determined that divorce parties may be granted full access (including private and deleted data) to Facebook and MySpace. A May 2011 case found that divorce parties can be ordered to turn over passwords, usernames and login for social networking sites and a November 2011 case determined that Facebook doesn't offer “reasonable expectation of privacy.”
When it comes to finances, social media can destroy an individual's chance of saving money. Divorcing spouses do not realize that when they post pictures of their brand new cars, luxury trips and fancy dinners they can be used against them as evidence when they claim that they are unable to pay alimony, or can't possibly afford to pay a level of child support. LinkedIn is another web site that may be detrimental to someone attempting to get out of certain payments, because it contains open information on a divorcing party's income, bonuses and other employment information.
ABOUT THE AUTHOR: Nicole L. Aeschleman
Ms. Aeschleman understands the complications and advantages social media presents in a family law case.
Copyright Aeschleman Law - Google+
More information about Aeschleman Law
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
According to a recent study, 65% of online adults use social media and a whopping 89% of those under 30 years of age use social media. Many family law attorneys are now advising their clients to stop using social channels in an effort curb the amount of evidence left online. Some have gone as far as to suggest modifying privacy settings and implementing self-censorship in hopes of limiting what opposing counselors can use in court. The plethora of information in the public domain of the online superhighway can serve as a goody bag for attorneys for the opposing side. Statuses, tags and photos have the ability to reveal a person's state of mind, intent, proof of communication, evidence of times and places that events occurred and proof of actions.
The prevalence of social media being used as evidence in family law cases grows every year. In fact, since 2010 social media played a key role in an estimated 700 family law cases. Landmark cases have decided just how private social media may be in court. In a September 2010 case it was determined that divorce parties may be granted full access (including private and deleted data) to Facebook and MySpace. A May 2011 case found that divorce parties can be ordered to turn over passwords, usernames and login for social networking sites and a November 2011 case determined that Facebook doesn't offer “reasonable expectation of privacy.”
When it comes to finances, social media can destroy an individual's chance of saving money. Divorcing spouses do not realize that when they post pictures of their brand new cars, luxury trips and fancy dinners they can be used against them as evidence when they claim that they are unable to pay alimony, or can't possibly afford to pay a level of child support. LinkedIn is another web site that may be detrimental to someone attempting to get out of certain payments, because it contains open information on a divorcing party's income, bonuses and other employment information.
ABOUT THE AUTHOR: Nicole L. Aeschleman
Ms. Aeschleman understands the complications and advantages social media presents in a family law case.
Copyright Aeschleman Law - Google+
More information about Aeschleman Law
View all articles published by Aeschleman Law
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
