This is an article provided by the firm of Gillespie, Shields, Durrant & Goldfarb<\/a> in Phoenix. I\u2019m proud to share it with you.<\/p>\n One woman confessed to murder on Facebook. Another fled to Mexico where she tweeted \u00a0\u201ccatch me if you can\u201d along with her geolocation. A Hawaii resident uploaded a video of himself \u00a0drinking and driving. Of course, these \u201csocial media confessions\u201d are blatantly obvious ways to \u00a0help out criminal prosecutors; but can social media also damage proceedings in family courts? \u00a0Yes. And at an increasingly rapid rate.<\/p>\n Phoenix divorce attorney DeeAn Gillespie of Gillespie, Shields Durrant & Goldfarb says social media and online or electronic \u00a0communications are in almost every divorce case and many custody and support hearings. \u00a0Why? A couple of decades ago, there was little people could do to \u00a0prove someone cheated, had anger management problems, etc. Family courtrooms were made \u00a0of \u201che said, she said\u201d arguments. That is until everyone had a phone, email and Facebook. Now there\u2019s proof \u2014 either a positive or negative.<\/p>\n Gillespie\u2019s new rule of thumb for clients: stay off social media and watch not just what you say but also what you write. Dating apps, social media posts and texts can be especially \u00a0damaging, she said, citing some cases to backup her claims.<\/p>\n \u201cLife is Short. Have an Affair.\u201d \u2013 Ashley Madison (pre-hack).<\/p>\n Not exactly something a user would want advertised in their divorce hearing, especially in the 33 fault states where \u201cadultery\u201d is a checkable box on legal papers. But after Ashley Madison\u2019s \u00a0highly publicized hack and subsequent leak of users last year, scorned women are using their now soon-to-be ex-husband\u2019s profiles as evidence of cheating and sometimes more importantly, as a powerful negotiation tool. And while the openly pro-cheating site gained national headlines, it \u00a0wasn\u2019t the first time dating sites danced their way into divorce court rooms.<\/p>\n Since 2013, more than half of divorce attorneys with American Academy of Matrimonial Lawyers (AAML) said they saw an influx of clients using dating websites as evidence. Sixty-four percent of participating attorneys said Match.com was the most common, followed by eHarmony. As for the information most commonly used against spouses, 57 percent of divorce attorneys said relationship status, followed by salary or job descriptions at 15 percent and parental status at 7 percent.<\/p>\n So if you can\u2019t wait for a legally finalized divorce to sign up for dating sites, it\u2019s in your best interest to avoid exaggerations like these real-life examples:<\/p>\n Mobile dating apps like Tinder and Bumble and social apps like SnapChat are, as noted in the last example, also making their debuts in divorce court. While not proving an affair, having a Tinder account could serve as circumstantial evidence a spouse is flirting with the idea. SnapChat, where users send pics to friends that \u201cdisappear\u201d after opening, also stores some data. The company recently admitted to complying with 92 percent of U.S. government subpoenas in its first ever transparency report<\/a>; although what the subpoenas were for was not discussed. So far, SnapChat data has served as evidence in a high-profile murder and child pornography investigation, but no publicized divorce cases. Time will tell if these apps become as damning (or beneficial) as their online counterparts.<\/p>\n Couples divorcing should always keep close tabs on their phones and all its stored or saved content.<\/p>\n One of the first warnings clients hear from divorce attorneys is to be careful about what they text, email or in any other way write out to their soon-to-be ex. Texts are not too different than emails; they can be saved, printed and used in courtrooms as evidence. In fact, texts are the most common form of technological evidence in divorce cases and attorneys regularly serve subpoenas for emails. Assume every email or text with your spouse or children could appear in court, legally.<\/p>\n This, of course, goes both ways. If you catch your spouse lying, bring it to your attorney\u2019s attention. It could be the game-changer in your case, proven by these examples:<\/p>\n And it\u2019s not just about thinking before your speak, or type; couples should also be wary of where they leave their phones. If a spouse leaves their phone unlocked in a public place, like their shared kitchen, the other spouse can legally look through the phone<\/a> and copy the content.<\/p>\n The most popular social media site, especially for Generation X, has almost two billion monthly active users<\/a>. Growing just as rapidly is Facebook\u2019s appearance in family court proceedings; in a 2010 survey by AAML, 66 percent of divorce attorney respondents cited Facebook as the primary source of online evidence used against their spouse. By the end of that same year, the social media powerhouse had 608 million <\/a>active users.<\/p>\n But how is Facebook relevant to divorce proceedings? Below are some real-life examples:<\/p>\n Facebook can even become a critical player before the divorce proceedings are in motion. In another case, a hired investigator needed to locate a defendant to serve divorce papers<\/a>. The investigator created a fake Facebook account of an attractive woman, \u201cfriended\u201d the defendant, struck up an online conversation and arranged a meetup. When the defendant showed up for the rendezvous, he found not the foxy lady he expected but a process server.<\/p>\n It\u2019s obvious how to avoid Facebook evidence popping up against you in court; don\u2019t post anything incriminating or friend people you don\u2019t know. The real trick, however, is ensuring evidence in your favor is legally obtained.<\/p>\n As evident by the investigator tracking down the defendant, anyone you\u2019ve \u201cfriended\u201d has full access to your profile and there is no longer a reasonable right to privacy. If someone hacks into another person\u2019s Facebook account, however, they are violating state and federal laws<\/a>.<\/p>\n At the end of a divorce, technology may be your friend, enemy or even a frenemy. To ensure it doesn\u2019t end up haunting your divorce, follow these eight social media \u201crules\u201d to keep your family law matter noncriminal and free of damaging surprises.<\/p>\n 8 Social Media Rules While Going Through a Divorce<\/strong><\/p>\nDating Apps<\/h3>\n
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