With texting, email, and Facebook Messenger rising in popularity as methods of communication in relationships, so is their use as divorce evidence. Chicago divorce attorneys used to look for evidence in files, notebooks, ledgers, memos and photo albums. Now, we also look at emails, text messages, Facebook, LinkedIn, Snapchat, Twitter, Instagram, YouTube, and even Pinterest for divorce evidence. Attorneys also refer to this social media evidence as “Electronically Stored Information” (or, ESI).
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Today, most aspects of our lives are documented and captured somewhere as electronically stored information – from online financial records and health information to various communication through emails, text messages, and social media posts.
If you or your spouse has filed for divorce, know that you must preserve, and if asked, produce all your electronically stored information including things like social posts or Facebook Messenger. This means that many forms of ESI will be subject to review in a divorce and could be admitted into court as evidence.
The Risks for High-Net-Worth Individuals
If not handled with caution, social media can pose significant risks to high-net-worth individuals going through a divorce.
Social media platforms are public forums where personal opinions, photos, and activities are easily accessible. High net worth individuals often have substantial public personas or professional reputations to uphold. During a divorce, posts or interactions on social media can be misconstrued or used against them in legal proceedings. Opposing counsel can even seemingly scrutinize innocuous posts to portray a negative image or suggest inappropriate behavior.
There are some commonly seen social media mistakes in a divorce case. They include sharing personal information, posting negative comments about the ex-spouse, displaying extravagant spending or spending habits. These missteps can influence decisions regarding asset division, spousal support, and dissipation claims. For example, if a party is claiming to have insufficient funds and is seeking maintenance, but the party is posting on Facebook that they are going on expensive vacations all the time, this damages the person’s credibility.
Another common example that we see in a divorce case is when a parent posts on social media regarding interactions with the children. This can raise issues when it comes to the allocation of parental responsibilities, including parenting time and decision-making. For example, a parent posting a picture or video that they took while they are driving their car with a child in the car can raise serious questions about the child’s safety.
Finally, divorces are emotionally challenging to all involved. Many people turn to social media to vent their frustrations about the process or about an ex-spouse. However, doing so can exacerbate the stress by providing a platform for impulsive or emotional reactions. Engaging in confrontations online can prolong conflict and complicate negotiations.
Related Article: How to Safeguard Your Privacy During Divorce: A Practical Guide
In Illinois, as in many states, social media content is increasingly being used as evidence in divorce cases. Depending on what you share on the social media site, making missteps on social media can have far-reaching implications and consequences legally. Courts can, and likely will, use this evidence for issues of asset division, parenting time, parenting decisions, spousal support, and more. It is essential for parties to be mindful of how their online presence may reflect on their reputation, their financial status, and their parenting abilities.
Whether you are going through a divorce or other legal matter or not, we always recommend to make sure your privacy settings are enabled on your social media profiles. Also, making sure you are not adding strangers to your Friends list is a general Internet safety tip that becomes especially important when a legal case arises. However, privacy settings are not a perfect solution, and should be used in addition to engaging in more discretion than perhaps one has done in the past.
If possible, try to stay off of social media as much as possible. Going through a divorce puts a lot of stress on the parties and any children. Instead of leaning on social media platforms for an escape from the stress, instead prioritize time with loved ones and limit your screen time.
Conclusion
Every online interaction has the potential to affect legal outcomes, financial settlements, and personal and professional reputations. By exercising caution, seeking professional advice, and prioritizing discretion, individuals can mitigate the risks associated with social media missteps during this challenging period.
Navigating the complexities of divorce, especially for high-net-worth individuals, requires strategic legal counsel. Attorneys experienced in family law and digital evidence can provide guidance on managing a social media presence during divorce proceedings. Developing a clear strategy for online activity, including guidelines on what to share or refrain from sharing, can safeguard against unintended consequences.
Protect your assets and reputation during your divorce. Consult with Anderson Boback & Marshall to get expert advice on navigating social media and ensuring your best possible outcome. Contact us today to secure your future.
