Social media blunders in divorce cases

Divorcing spouses in Wisconsin may wish to think carefully before sending an email message or making a social media post that contradicts what they have said in court or during property division or child custody negotiations. Family law attorneys once had to rely on experts like forensic accountants and private investigators to uncover concealed assets or infidelity. However, many are now able to get all of the evidence they need by simply spending a few minutes online.

Negotiations over alimony and child support can be particularly contentious, and divorcing spouses may claim that they just do not have the funds to pay what is being asked of them. Such pleas of financial hardship are likely to ring hollow if the spouse concerned has posted photographs on social media depicting extravagant new purchases or lavish vacations. Having accounts on dating websites could also cause problems for spouses who have denied allegations of infidelity.

While many spouses understand that what they post on Facebook may be there for all the world to see, they often believe that their email correspondence is private and secure. Attorneys can actually subpoena this information and even use it in court if it benefits their clients. While deleting emails and online posts may seem like a prudent step to take for those wishing to avoid embarrassment, even deleted data can sometimes be recovered.

Family law attorneys will likely understand the damage that ill-advised online posts can do, and they may urge their clients to ensure that social media profiles and emails match what they are saying during divorce negotiations. Attorneys may also scrutinize the social media profiles of the friends and associates of spouses for compromising photographs or other information that could be used in court.