Social media accounts and texts as evidence- DivorceMeKnot.com

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Social media accounts and texts as evidence

Details: DMK Editorial; Legal; 22 July 2021; Hits: 3120

Social media, email and text messages can be used in your divorce case. Think before you send, post or update anything. Even the smallest inference could be used as evidence.

Most media (chats, web pages, social media posts or comments, etc.) can be found once it has gone online even if it is later removed. Even social media posts on apps like Snapchat® or Instagram® can be saved as screenshots and later used in your divorce proceedings. Digital records and social media accounts can provide an opposing legal team a robust source of personal information and details that can be used to develop a stronger case in your spouse's favor.

Avoid pictures, texts, posts or e-mails that could lead to a misunderstanding or imply any of the things listed below. Even repeated calls or text messages that indicate erratic behavior could be used to damage the individual's character and/or parenting ability.

Examples of digital media that could be damaging:

parent is supposed to be with his/her child, but the parent posts a picture of himself drinking & partying (e.g. at a social gathering, bar-be-que, bar, party) during the specified time
parent commonly reschedules visitations with his/her child(ren) for work, social and/or other activity and is seen in online posts or sends texts or email that verify
text message from a parent that indicates she is out with friends, on a date or partying during hours set for visitation with her child(ren)
post or pic about a new relationship could damage negotiations or affect the judges ruling if the case goes to court
parent indicates in an e-mail that he is away from home frequently due to work commitments
ranting on social media about a spouse, separation agreement, negotiations or pending settlement
spouse defends himself in a tweet against false accusations instead of speaking with his attorney about legal recourse

What can social media substantiate:

inconsistent income and lifestyle compared to depositions and documentation provided to attorneys
hidden assets
inconsistent testimony
information related to other cases of previous divorce or custody cases
evidence to substantiate adultery
information related to a parent's parenting skills
inappropriate or irresponsible behavior
threats, harassment or evidence of abuse
financial stability

What are some ways to bring texts or posts into your case?

Note: Divorce laws vary in each state and family court. Always refer to your attorney regarding the laws that may affect electronic messages and there retrieval.

Have your attorney draft and send a certified letter to the phone company to obtain the text messages as evidence. The letter should site relevant provisions of the Stored Communications Act and any applicable state law.

Your attorney can prepare a subpoena to obtain relevant text messages. Serve the subpoena according to your state's laws for service. You may need a "commission" developed in the state where the cell carrier's text message storage resides to ensure that state's service guidelines and laws are not violated.

File an ex parte motion with your Family Court. Request the court to order the other party in the case to release the text messages.

You may be able to save or print messages or posts and produce those along with specific phone bill information that substantiates time, number and sender.

Ask your attorney to prepare a Demand for Inspection or a Production of Documents served to the opposing party to request copies of electronic communications or access thereof (in some cases, production of the actual cell phone).

If the message was sent by someone other than the opposing party in the case, a deposition may be required. Your attorney may draft and send a deposition subpoena to request the individual appear in the office for a deposition. -OurDMK.com

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WHAT IS INCLUDED IN A DIVORCE SETTLEMENT?

Your divorce settlement will be very specific to your situation and state laws. The terms of the settlement are within a Divorce Settlement Agreement that is incorporated into a document often referred to as a Divorce Decree. The terms are determined/negotiated between you and your spouse rather than terms established by the courts. It will usually include but is not limited to the following: division of marital assets such as cars, boats, homes, tax refund, rental property, vacation homes, personal property, household items, investments, retirement accounts, 401K, pensions, bank accounts, insurance, etc. It also includes division of marital debts such as credit cards, household expenses, mortgage and any other marital debts. It specifies custody arrangements, visitation, child support, alimony & maintenance. It may include tax payment specifics and liability. A provision for future modification of the Divorce Settlement Agreement may be included.

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Things to ask an attorney

1. What are the types of divorce offered in my state?

2. Is there a mandated separation period before we can get divorced? If so, how long?

3. Does the separation need to be recorded or filed in the courts to be recognized as a legal separation period?

4. Based on different types of divorce offered in my state, what is the typical duration and what is your experience and success rate with each type of divorce?

5. Do you have any conflicts of interest or have you met or do you know my spouse?

6. If my case goes to court; tell me about your courtroom experience and success winning cases that have been litigated.

7. Based on the available options in my state and the circumstances of my case, what strategy would you recommend to obtain the best settlement? What is the likely outcome based on your recommendation and what are the fees and expenses I can expect.

8. Do you recommend a legal separation agreement to establish support, living arrangements and other details while my spouse and I are awaiting our divorce?

9. Will you be doing the majority of the work on my case or will there be other professionals within your firm that will be working on it? If so, will you remain my primary contact or will I be communicating with the other associates or paralegals, as well? Is the cost the same when I am communicating with them or when they do the work on my case?

10. Do you recommend I hire any other professionals such as a forensic accountant, private investigator, tax attorney, psychologist? If you hire them, how would you charge me for there services?

Separation Survival Tips

1. Establish goals of the separation such as time to improve the marriage or a period of time to determine divorce plans.

2. Keep communication with your separated spouse limited until you both can discuss your goals of the separation without arguing .

3. Think carefully before you respond to communication from your spouse to avoid regretful threats or escalated responses that lead towards a non-productive or bad direction you both wish to avoid.

4. Speak with a counselor or someone who can help you maintain a clear perspective and deal with the emotional aspects of separation.

5. Stay healthy but don't put too much pressure on yourself to "get healthy". Establish a good outlook to help you cope with this difficult time but don't do try to quit all bad habits, start a ton of good ones and basically change everything about yourself. It can backfire and send you into a freefall.

6. Avoid sharing too much personal information in your social circles about your circumstances and spouse. It can feed gossip about both of you in your sphere of friends and family. Unfortunately, divorce is a huge talking point in all gossip-happy circles.

7. Avoid dating or sexual relationships until your divorce is final. It will avoid emotional retaliation that could breakdown communication with your spouse regarding the settlement.

8. Avoid sex with your spouse to avoid misunderstandings unless you both are focused on recovering the marriage.

9. Keep yourself busy when your kids are gone or during times your formerly spent with your spouse. A second job, hobby or some classes at the community college are all great ways to improve self-esteem and keep your mind off your worries about the separation.

10. If your plans are to eventually divorce, this is the time to start gathering all necessary paperwork such as income and asset information, tax returns, insurance policies, etc.