It is not uncommon for individuals in Texas to have one or more social media accounts. Therefore, it isn’t unheard of for evidence gleaned from social media sites to impact a divorce case. According to data collected by Web Preserver, roughly 33% of divorces occur because of affairs that take place online. Furthermore, it found that 81% of attorneys have found evidence from social media platforms that was worth using in divorce cases.
Generally speaking, evidence that is found online can be used in a divorce proceeding. However, it is worth noting that an individual is not allowed to discover content through hacking or other illegal means. Furthermore, an individual’s attorney cannot become social media friends with his or her spouse to find information that could be used in court. Of course, information could still be seen even if estranged spouses are not friends with each other on a given social media site.
For example, mutual friends may decide to share posts or forward messages to their own social media contacts. It is also possible for individuals to find photos or other information without having an account on a given social media platform. Ultimately, those who are going through a divorce are encouraged to understand that their actions online could impact their chances of obtaining a favorable settlement.
The end of a marriage may result in emotions such as anger or anxiety, and individuals may be inclined to share how they are feeling about their divorces online. An attorney may be able to advise a person as to how social media posts may be used as evidence in a divorce proceeding. In some cases, an attorney may advise a person to refrain from posting online until a matter is resolved.