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Social media as evidence during a divorce

Americans cannot seem to distance themselves from social media, whether they are posting a selfie while attending a concert or tweeting a status update regarding a special moment in their lives. Many people do not realize, however, that certain social media posts can be used as evidence for or against them in a divorce case.

According to the American Academy of Matrimonial Lawyers, a number of spouses and attorneys are gathering evidence from social media posts to use against their spouses during divorce proceedings. They found that 97 percent of Lawyers in the AAML reported an increase in the amount of evidence gathered from apps. Approximately 17 percent of evidence was gathered from Twitter and 41 percent from Facebook.  Other apps were used, including Instagram, Google Maps, Snapchat, WhatsApp and Tinder.

In one case, a man attempted to reduce his spousal support saying he no longer made sufficient funds to keep up with the payments. His former spouse’s attorney admitted evidence to the court from pictures on social media showing him escorting his girlfriend on pricy trips across the world and attending Broadway shows.

People should be aware that their social media posts may be used in cases involving child support, spousal support, property division, child custody, property rights and testament of credibility. Going through a divorce can be extremely overwhelming and it may be hard to make crucial decisions during this hard time. An attorney in Florida may help answer questions and point you in the right direction when it comes to filing for divorce.

Source: Financial Advisor, “Back away from the social media during divorce,” Asia Martin, Sept. 7, 2018.

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