Use of Digital Data in Divorce Cases
Today, a vast number of Americans use social media and digital communications to enhance their personal lives. They are willing to self-publish photos, statements and other evidence of their behavior in social settings, some of which can be used against them in family law and divorce proceedings.
At the Shapiro Law Firm, we have remained on the forefront of emerging divorce law issues like the use of social media and digital data in divorce proceedings. We advise our clients on both the risks of their own digital information and the ways that their spouses’ information can be used in their favor in court.
Before you attempt to uncover information from your spouse’s Facebook or social media account, or delete information you have already posted online, call our firm at 972-423-0033. We can help you understand what kind of information is admissible in court and whether or not it can be used in your divorce case.
What Kind of Information Can Be Used in My Divorce?
Currently, Texas family law does not explicitly discuss the use of Facebook, Twitter, Instagram, email, text messages or other data in divorce cases. If the information is published and found online (even when privacy settings make it visible to select individuals), it can potentially be used to support or refute accusations of:
- Adultery or infidelity
- Parental negligence
- Abuse or domestic violence
- Employment and financial responsibility
For example, one party in a divorce may accuse his or her spouse of being an unfit parent and would use photo evidence of drug and alcohol use to support such a claim. Threatening statements made in online instant messages or text messages may also be used to demonstrate fear and intimidation in support of restraining orders or sole child custody rulings. Evidence of expensive/irresponsible purchases while an individual is trying to collect financial support or government benefits may be used to craft arguments regarding spousal support.
Know Your Rights in Divorce and Digital Information
Our attorneys work closely with clients to uncover digital data issues that can either be used for or against them in property division, alimony, child custody and other family law matters. We can help you understand the law and how to achieve the most favorable outcome in your divorce.