Social Media as Evidence
Many of our clients use social media sites such as TikTok, Snapchat, Facebook and Instagram while going through their divorce or family court case. Information shared on social media is not private and may be used as evidence in court. Social media posts, photos, and messages can provide valuable evidence and admissions of what people say and do which might contradict positions they take in court. For instance, if one person claims to be broke but posts lavish vacations and cars, these posts can be used to contradict claims and testimony or “impeach” the witness.
We can use social media posts to support or challenge claims related to custody, support, and property division. Additionally, deleting posts can be considered evidence tampering and may harm your credibility and/or the outcome of your case. We want you to be aware of these potential issues before you post.
Here are some key factors to consider when using social media:
Parenting Conduct: Posts or photos depicting questionable behavior (e.g., excessive partying, drinking, drugs, or reckless unsafe activities) can be used in the best interest analysis the court does when determining custody and parenting time.
Parental Involvement: Social media can show a party’s involvement or lack thereof in their children’s lives, which may influence custody or visitation decisions.
Income and Assets: Social media activity may reveal information about a party’s income, assets, or spending habits, affecting decisions related to spousal support, child support, or property division.
Influence on Negotiations: Information shared on social media can impact negotiations by influencing the parties’ perceptions of each other. For instance, negative comments about the other party might affect willingness to settle amicably.
Inconsistencies: Social media can reveal inconsistencies between a party’s statements in court and their online behavior. For example, claims of financial hardship might be undermined by posts showing extravagant spending.
