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Michael A. Johnson
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Evidence from social media used in divorce cases

| Jun 29, 2016 | Divorce |

Social media is a regular part of life for a lot of people in Arizona. While some people share a few pictures here and there on social media, others detail every step of their day. When a person is going through a divorce, it may be a good idea to limit the use of social media or at least refrain from posting too much personal information online.

Social media posts, text messages and emails can be subpoenaed and admitted as evidence in a divorce case. People whose online communications contain information that contradicts what they have claimed in court could have a judge side against them. For example, those who claim that they are unemployed yet brag about their high-paying job on Facebook may not be granted the alimony they requested.

Although most people won’t write online posts that contain explicit information about how much money they make, the state of a person’s finances may be deduced by posts. When the social media apps of estranged spouses ‘check in” every time they go to a high-priced restaurant, this information could be used as evidence of financial prosperity. During a child custody dispute, posts about partying or playing video games all day could be used against a parent in court.

The end of a marriage can be a difficult time for all involved, and in many cases people will just want to have the release of venting their frustrations in text messages or social media posts. As this can be problematic, many family law attorneys will advise their clients to be as discreet and circumspect as possible until the divorce has been finalized.

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