Because of the profound impact that social networks have on our everyday lives, the specific results of this influence can sometimes have repercussions that are completely unexpected.
Over the course of the past ten years, social media have evolved into an essential component of our day-to-day life. The majority of waking hours for millions of people around the world is spent on social media websites, which they can access via their mobile devices and desktop PCs. Users are eager to share a piece of their lives and happy times with friends and subscribers. This can include vivid vistas from the farthest corners of the earth, vigorous workout or tranquil yoga courses, cryptic selfies, and a great deal more.
At first glance, it could appear as though no one takes such information seriously due to the apparent lightheartedness of the content that they contain. After all, is said and done, this is all just a game played online. But if you take a step back and look at the bigger picture, you’ll find that your social media accounts are a treasure trove of information that might be used against you in the future, such as in a divorce case. This information can be used against you if you don’t take precautions. This topic includes more than just fights in court over who gets what from the marital estate. The legal process surrounding a divorce encompasses a wide range of topics, including disputes over child custody and alimony payments, as well as spousal support and the partition of property.
The Alabama divorce demonstrated that in an increasing number of situations that content posted to social media platforms can be utilized as evidence in court proceedings. Here is a selection of strong examples for you to consider when you get a divorce online.
- Private turns party public
More than eighty percent of practicing attorneys have noticed an increase in the number of cases that include the use of social media evidence in court. It is possible to present in court in the United States evidence obtained from social media posts made in that country. Even while such disclosures could be required for the investigation and resolution of the issue, they nonetheless have to be carried out in a way that does not compromise the privacy of any of the parties involved or reveal any other secrets.
The court ruled in one instance that there is no reasonable expectation of privacy for anything that is placed on a public social media site. The purpose of these public pages, on the other hand, is to disseminate information to the greatest number of people feasible.
- The evidence is on the surface
There was once a case in New York in which a disabled wife sought that her ex-husband pays her alimony for the rest of her life. The judge made a decision against her after hearing information submitted by her husband that his wife was pursuing a career as a ballet dancer. The information that he needed was contained inside her entries on the website.
In the course of a custody fight over their son, who is now four years old, he asked that his ex-wife produce printouts from a well-known social media website in order to demonstrate that she frequently travels out of the country while he is responsible for raising their child. The portion of her profile that was accessible to the public boasted about the ex-travel wife throughout the world, including visits to restaurants in Boston, eateries in Florence, and museums in Milan, among other places. According to the attorney for the spouse, the wife’s former website discloses even more information regarding her whereabouts and the frequency of her use. The former spouse in New York thought that the judge would deny her request because there was no prior precedent in the state for making such a claim. A judge sided with the former husband and agreed with her argument that the visitation schedules of both sets of parents should be taken into account when determining custody of the children. Throughout the drawn-out and contentious battle for custody, this teeny-tiny triumph was the only one that could be claimed.
- A part of your personal portfolio
People are more forthcoming than ever before about sharing intimate details of their lives on the internet. This information can help to provide a more complete picture of the topic, including their interests and the things they own. As part of the divorce proceedings, the judge ordered the couple to give their respective attorneys access to their social media and dating site passwords so that the attorneys may represent their respective clients.
- Information becomes physical
Evidence obtained from social media platforms has been more admissible in legal proceedings over the course of the previous few years. Notarized printouts of websites, including social media pages, may be presented in court as evidence if the divorce documents have been authenticated.
Disagreements about the ownership or use of intellectual property, as well as the necessity of protecting a company’s good name, are the situations in which this phenomenon takes place the most frequently.
In a dispute with the heiress of the deceased spouse, a former “civil” spouse used photos and printouts from social media as evidence to support her claim that she was also entitled to a share of the estate because she had lived in the home, built the house, and acquired the property with the deceased spouse. Her claim was that she was also entitled to a share of the estate because she had lived in the home, built the house, and acquired the property with the deceased spouse.
- Support for more serious accusations
In addition, the posts you make online could get you in trouble with the law in some jurisdictions.
However, it would be naive to suppose that there would never be any precedents for the use of material obtained through social media platforms in the context of divorce proceedings. This assumption would be false.
What materials from social media can be used in divorce?
As long as the images, videos, comments, status updates, checked-in locations (geodata/geotags), and nearly any other forms of user-generated information are not private, anyone can access them.
An illustration of this would be a spouse who never informed his wife about the house, apartment, yacht, or other object that he posted a photo or video of on the couple’s shared news feed but which she saw and commented on. If you have access to geodata, you will be able to determine where these assets are located as well as the areas that the user regularly travels to. Your stories about your extravagant trips in the Swiss Alps or on the Côte d’Azur could lead the district court to draw conclusions about your level of wealth and the quality of your lifestyle. The frequency with which media portray one or both partners holding what looks to be an alcoholic beverage provides some insight into the desirability of cohabitating with one’s spouse while raising one’s children in the same residence. In addition, the spouse is not the only person who can publish this information online; his or her friends and family can do so as well. In addition, comments left on these types of articles will assist in shedding light on the broader context.
How to prevent negative consequences?
When going through the process of filing divorce papers, both partners should increase the amount of caution and awareness they employ in their dealings with individuals online. It is recommended that you take a break from all forms of social media at least until the divorce is finalized. It is also a good idea to go through all of your social media accounts and remove any content from those sites that could be used against you in the event that you decide to get a divorce.
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