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As our world becomes more interconnected through technology and the internet, the prevalence of social media being used in divorce proceedings has increased drastically. More and more, divorce attorneys and their clients use information gathered on these types of sites to work towards their advantage.

Social media content can be used as evidence in divorce proceedings, so it is important to be mindful of what is posted. Judges often take this evidence into consideration to either corroborate or contradict a factual allegation made by a party to the divorce.

Should I shut down my Facebook account while going through a divorce?

When going through divorce, parties should strongly consider suspending their use of social media sites, particularly Facebook, until the proceedings are finalized. Even after a divorce is concluded, one party may be able to use certain information like photos and status updates to ask for modifications to maintenance, child support, parenting time or allocation of parental responsibilities.

Blocking your spouse from viewing your social media accounts does not ensure that the accounts cannot be accessed by your spouse or his or her legal team. Social media content may be gathered by your spouse’s attorney through a subpoena or even mutual friends who do not have your best interests in mind.

Sometimes, even when one party is totally honest about the state of his or her finances or loyalty to his or her spouse while together, seemingly innocent pictures and posting can be misconstrued to call the party’s character into question. Individuals going through a divorce should have the mindset that anything sent or received through social media sites is public to the world and could face scrutiny at some point during the process.

Will I have to show my emails and text messages during a divorce?

Just as a spouse could subpoena social media records, other more private electronic communications could become fair game if an attorney raises the issue. Although digital, texts and emails create a paper trail judges can consider in determining the truthfulness of a factual allegation.

Again, do not put anything in an email, text message, or send a photo you would not want a judge to see or misinterpret. While you may not expect your spouse to stoop to this level, his or her attorney owes them a duty to vigorously advocate for their position and may take it upon themselves to issue subpoenas and gather this type of information.

Should I be worried about all my social media accounts?

Like Facebook, texts and emails are fair game, so too are other social media sites. This can include professional networking sites like LinkedIn and even dating websites. Any and all digital posts are have the potential to be discovered and clients should take this strongly into account.

Wheaton divorce attorneys

With almost 100 years of combined legal experience, the dedicated Wheaton divorce attorneys of Fay, Farrow & Associates, P.C. aggressively argue for the legal interests of our clients. Contact our office for a consultation about your case. “Our office serves clients throughout Naperville, Wheaton, Downers Grove, Lombard, Lisle, and Aurora.”

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