Posts on social networking sites such as Facebook and Twitter are commonly used by divorce attorneys in Texas. Evidence collected from a spouse’s social media page can help a lawyer prove that a spouse was unfaithful, that he or she has more money than they claim to have or that they were not honest about reasons they didn’t spend time with their children. The American Association of Matrimony Lawyers conducted a study in 2010 and found that Facebook is a major source of evidence in two-thirds of divorce cases.
During a divorce, it is important for spouses to be careful of what they share on social media. In addition to content shared directly, a spouse might also find status updates about them or photos they are tagged in used against them in divorce court. Deleting the content might not prevent a forensic expert from retrieving it and presenting the damaging information in court.
Adultery does not require direct proof in divorce court. A lawyer who finds evidence of infidelity online as well as in the real world may be able to successfully win a divorce case on the grounds of adultery. Due to the nature of the offense, actions are usually done behind closed doors. However, photos that the cheating spouse or the person they are allegedly having an affair with might show up on social media and provide the evidence required to help the innocent spouse get alimony or custody of the children.
Divorcing spouses who believe there may be incriminating information on their husband or wife’s social media page should speak to an attorney about it rather than access the account without their spouse’s permission. In order for the evidence to be admissible in court, it must be collected properly. An attorney may advise a client on the best ways to obtain the information necessary to prove their case to the judge.