Social media and personal messaging apps, such as those associated with Facebook and Twitter, are being used for more personal communication than ever. Facebook friends or Twitter followers are easily found in the list of contacts associated with the user’s account, so many people never bother to add them to any other contact list.
Convenient private messaging apps are also available for phones and computers. Some dedicated communication applications, such as Snapchat, are used to send sensitive information because their short-lived messages disappear from the sender’s account after a predefined time. Each messaging app and social media outlet has its own pros and cons, but all of them share something in common – their content, when discoverable, can be used as evidence in divorce cases.
Social media content can show a wide variety of evidence that may help or hurt a divorce case. Photos can be especially harmful, but text messages and online comments can be equally damaging when they contain proof of a lie or illicit behavior. A cheating spouse (or their friends) may post photos of themselves out to dinner or vacationing with another party, which may present usable evidence to a legal team.
Social media can also be used to prove, or disprove, a person’s state of mind at the time they created a post. Comments that threaten to harm other people, or the poster themselves, can affect important pieces of a divorce case such as child custody decisions. Even if the threats are hollow, they can still be used to show potential intent or instability. Angry messages or threats can even be used to justify a personal protection order.
Many people post their daily activities without thinking. Posting on social media has become so commonplace that people rarely stop to consider the implications of their actions. However, bragging online about a financial windfall or hidden wealth, or claiming to be unemployed while posting pictures of new cars or expensive vacations, could provide information that impacts property settlements or alimony.
For more information or a consultation, please contact the experienced West Michigan divorce attorneys at Johnsen Wikander to discuss your current situation and let us help you through this difficult time.