Saying “I Do” to Social Media?



This article discusses the perils of utilizing social media and how it can impact your divorce and/or custody case. Common requests for production in a divorce case and/or custody case include an exact copy of your Facebook page, Twitter feed, text messages, emails, and other social media sites. Facebook has even created a way for you to download an exact copy of your entire page to produce to counsel. Other applications have joined the bandwagon as well. Phoneview is an application that allows you to download iChat text messages to a PDF document, allowing you to read the text message conversation as one unit. Until this app was created, attorneys and clients had to take screen shots of every single text in a phone in order to turn it over to counsel.

It is all too common now for a divorce attorney to review your posts, photos, and comments to see if the information that is being posted helps his/her case. It has become easy for an attorney to introduce into evidence an email, photo, comment, or post in court.

What most people do not realize is that once an action commences, often a client will receive a notice to preserve electronic information. That means that once the action starts, you cannot take down photos, delete posts, or remove emails. You are required to preserve everything, whether it is viewable by the public or set to be private. Does this article make you think twice about what you are posting? Have you posted any comments or photos that you set to private that you would not want released in a court setting? How will this impact the way you communicate through social media in the future? Why or why aren’t you going to change the way you use social media?


4 thoughts on “Saying “I Do” to Social Media?

  1. Really interesting article – I can definitely see how social media could be the cause of a divorce as well! Since the information put out on social media is voluntarily placed there, when it comes to legal matters I absolutely believe that content made public is admissible in a court of law. I am starting to see a shift in what I am willing to put on social (not that any of my posts would be cause for legal action, but because I am more afraid now how something might be misinterpreted to be offensive or unprofessional). Understand that social is an extension of your personal brand, users have to be much more careful now about what they are offering up to the general public.

  2. This article definitely makes me think twice about what I am going to post. It’s quite annoying and scaring that whatever I posted online for fun may put me into trouble one day. I will be more careful about my post and tweets after I read this article. Every company or business should also pay more attention about what they are going to do in the social media world. They should consider the exact environment where their customers are, and maybe the future effect of their action. Maybe it’s better that we could do less on social media.

  3. I want to say that requesting social media records in a divorce or custody battle may not be any different than requesting phone records. If there are grounds for divorce, or there is a need for documentation that one parent (or both) is an unfit parent, what better evidence than to have it in writing?

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s