Can Facebook posts and other social media be used as evidence in a divorce?
A growing way to find divorce evidence is social media. Being mindful of what you post before, during, and after a proceeding could improve your chances of an agreeable outcome. In a previous post, we shared some quick tips about using social media during a divorce. In this post, Olivia Giacobbi, a Fresh Legal intern from the University of Ottawa law school, discusses some ways social media can impact your divorce.
Be Mindful of What You Share
Social media posts can provide evidence on your state of mind, financial position, credibility, and responsibility. It can provide evidence of who you spend time with, what you do, where you go, and who you know. All of this information can be relevant to judge when they are deciding your case.
It is important to remember not to only monitor what you post, but also what you like and share, your tags, and your location services.
Additionally, try to monitor anything abusive or incriminating your family or friends might say. If you “like” a friend’s post slandering your spouse or discussing your divorce proceedings, it could be as incriminating as if you posted it yourself.
Whenever you post anything, remember that it is likely you have mutual friends or followers with your spouse, and they might be able to see what you write or someone might share it with them.
Change Your Settings
When you’re going through a divorce, it is a good idea to re-think your privacy settings, followers, and friend list. You should update to the highest privacy settings which will limit your shared information as much as possible.
If you have any concerns about your safety, turn off the location services on your phone and all social media sites.
Change your passwords even if you didn't share them with your spouse.
Social media is a growing place to gather evidence during a divorce. Once something is posted on the internet, it is never 100% gone. Always think before you post, as information posted online is public and can be used against you. A moment’s satisfaction on social media is unlikely to be worth compromising your desired outcome in a divorce.