Protecting Yourself
These are many instances where clients would be better advised to limit their presence on social media during their proceedings.
However, there are some instances where social media sites provide valuable information about your former spouse.
Emails, text messages, Facebook, Twitter and other social media tools can all be subpoenaed and submitted as evidence in family courts.
At our firm, we urge all clients to put a moratorium on the posting of pictures on social media sites, including pictures that involve:
- Partying
- Alcohol
- Drugs
- Romantic relationships
Social media is what you make of it, and we urge clients to increase their privacy settings; omit discussion about their spouse, the divorce and their children; and conduct research if they feel their spouse is not entirely forthcoming with the family law courts.
Text messaging
Text messaging is the most common form of divorce evidence. More than 90 percent of America’s top divorce attorneys said they have seen a spike in the number of cases using evidence from text communications in the past three years, according to the American Academy of Matrimonial Lawyers (AAML).
Texts are the source of great embarrassment if one spouse keeps texts sent during times of anger or frustration, or when socially involved and not being mindful of their words.
Likewise, texts sent to children or to friends and family members can show a mental state or disposition that contradicts the carefully constructed disposition that has been crafted to appear calm and neutral.
Texts tend to be reflexive, people do not think about them, they exist in a context of immediacy and spontaneity.
Voicemail
Every voicemail left by you or your ex, may be saved. Remember to keep all discussions civil and never threaten or intimidate your ex over voicemail.
Computers and Email
Email is another minefield or goldmine, depending on whose emails are being used in the case. If one party has legal access to the other party’s email account, the transmissions sent by the address owner will be evidence admissible in Court.
There are objections to emails received by the owner (hearsay and authentication), however they can be managed by subpoenas to the internet service providers for their records to demonstrate who owns the accounts from which the emails were sent. The information contained in the email is a constant source of information in a case: helpful or harmful to your case. You can best protect yourself by not using a home computer for any confidential transmissions, or which may be vulnerable.
Likewise, work computer records are susceptible to subpoena for those transmissions that are sent /received that are not work related.
Remember to change all of your passwords on your private accounts.