When some California couples decide to divorce, they may try to use everything possible for an advantage when dealing with property division, child custody and other contentious issues. Social media is a part of many people’s lives, and photos, text posts and conversations on Instagram, Facebook and Twitter can reflect a great deal of people’s private moments and thoughts, especially if they keep their account public. Therefore, it is unsurprising that social media evidence can find its way into family law cases, especially divorce court.
While most people have embraced no-fault divorce and there may be little advantage gained from showing that a spouse engaged in infidelity, there are other matters discussed on social media that can be highly relevant to a divorce settlement. For example, one party may attempt to hide assets from the other spouse in order to keep them out of the property division process or lower their required spousal support or even child support payments. Social media photos of the other spouse enjoying a separate property, boat or luxury car could indicate that assets are being hidden from the court. One spouse may boast about their success with Bitcoin or other online investments that were never disclosed in the divorce.
Child custody is another issue where social media can come into play, especially as it is based on the best interests of the child. Issues of character or fitness, including drug use or other irresponsible behavior, can be taken into account by the court when making decisions about the children.
Many people may want to think twice about their openness on social media when going through a divorce. A family law attorney may provide advice on social media conduct for a divorcing spouse or the relevance of social media evidence to property division, child custody or other matters.