How Social Media Posts and Text Messages Can Impact Divorce and Custody Cases
Social media and mobile use have become so common that it’s almost impossible to meet someone who isn’t on at least one of the major social networking sites – Facebook, Instagram, or Twitter, or uses their mobile phone to communicate. But while using social media is primarily done to stay connected to family and friends, updated on pop culture, and for entertainment, what you share can be used to build a case against you in court.
It only takes a few seconds to post on social media or send a text message. However, these actions could have long-lasting and unforeseen implications in divorce and child custody cases. Here’s how your social media use and texting behavior can be used against you in family law litigation.
Used as Admissible Evidence
In Florida, “relevant evidence is evidence tending to prove or disprove a material fact.” Therefore, internet use such as social media postings, direct messaging, or even text messaging can be used as evidence as long as they are relevant, authentic, and demonstrate that the posting “falls within a recognized exception to hearsay.”
Influence a Child Custody Case
What if you text your spouse claiming that you can’t pick up your child for your weekend because of a work-related retreat, but then your social media exposes a different story?
The opposing side can use your social media posts and text messages against you in a child custody or child support case. Posts and texts from months or years ago may come back and haunt you, particularly if they reveal that you are an unfit parent or that you are living somewhere that may endanger your child’s safety. Your social media profile may even reveal romantic relations with someone who is not your spouse or frequent partying with drug and alcohol use.
Because Florida judges use the best interest of the child as a primary consideration in ruling on parenting arrangements, social media posts and text messages that expose poor parenting may ultimately hurt you in court.
Proof of Financial Standing
What if your ex-spouse claimed in court that they didn’t have work, yet they posted online about their job? What if you claim to have low income, but your Instagram feed is full of all your expensive vacations and purchases?
Florida law requires that assets and debts of the divorcing couple be divided in a fair and equitable manner. Because equitable doesn’t always result in an equal split, one or both of the spouses may not be so honest about their financial standing.
But because relevant social media posts and other digital behavior can be used as evidence against you, anything you post that reveals the truth about your finances may be used by the opposing side. So if you’re in the middle of a divorce case, think twice before you post photos of you on a yacht you haven’t declared or show off how the luxurious lifestyle that you have no trouble affording.
Before you post on Facebook, Instagram, Twitter, Snapchat, or whatever your favorite social networking channel is, think about how the contents of your posts may be introduced in a case against you someday, impacting alimony/spousal support, child custody, child support, and property division.
If you need help with your divorce or child custody case, and you worry about your digital footprint and social media and texting history, call Debora A. Diaz Esquire at 727-846-1802.
Attorney Diaz is also a Supreme Court Certified Family Law Mediator and is available to mediate your case.
Written by Debora A. Diaz, Esquire