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Does social media evidence factor into divorce proceedings?

On Behalf of | Nov 16, 2021 | Divorce

Spouses may present conflicting details to attorneys and judges during divorce proceedings. One spouse could perceive things differently from a partner, or the spouse may outright lie about specific facts. Evidence presented in a New Jersey family court might tell an accurate story, and social media materials could be that evidence. A spouse might feel shocked to learn social media posts end up becoming prominent evidence in a divorce case. No one should feel surprised. People who make public statements on social media create text and images that might be acceptable evidence in court.

Social media and divorce cases

Social media evidence takes many forms and could include comments made on Facebook or tweets posted on Twitter. A spouse claiming to earn too little money to make support payments might have to explain social media posts detailing recent financial windfalls.

Evidence does not need to be a public post, either. Private messages could reveal adultery or other things that cast a spouse in a negative light. Perhaps the spouse cannot provide a safe environment for a child, as evidenced by angry, threatening messages.

That said, illegally procured social media content might not be allowed in court. Hacking someone’s account to procure private messages would likely be frowned upon. However, those who make public statements could expect those comments to catch up with them.

Social media behavior may prove revealing

Compiling evidence from social media pages may not be difficult. Often, someone posts something and forgets about it. That post may remain accessible for years. Going back in time to review old posts and tweets might take some effort, but the action could uncover critical evidence for a divorce case.

Not all divorce cases go to court and involve bitter trials. Successful negotiations could lead to an amicable divorce, although both parties may seek to preserve their interests. Social media evidence may factor into divorce negotiations, possibly strengthening one party’s hand. Such evidence could further move negotiations to a swift and reasonable conclusion.