Let’s say you’ve already taken the initial steps and prepared to file for divorce. After those steps are taken, most will then begin to question what will happen in the actual divorce process. What information will I be required to share? Will my social media history, direct messages, private messages, and text messages have to be shared in the divorce proceedings? Increasingly, the answer is yes.
In today’s world of ever increasing technology it’s common for many to underestimate the digital footprint we leave behind. A ride on the Dallas North Tollway that late night? Those location based applications on a smart phone? A doorbell camera at someone’s house? They can all paint a picture of you or your ex’s whereabouts that can come to light in a family law court. While some of these specifics offered by this technology are often inadmissible, more often, text messages or private messages on social media, and also posts from social media accounts are able to be entered as evidence of adultery during divorce proceedings.
The following are common topics or questions when it comes to text messages, direct or private messages, and social media posts and how they affect the outcome of a divorce.
Text Messages or Private Messages in a Divorce Case
Can my texts or private messages be used in court?
Text messages, direct messages, even public posts made by the opposing party can be used as direct evidence in a divorce. Texas rules of evidence allow any statements made by the opposing party to be admitted as evidence in court proceedings. If there are allegations of cheating, DMs to a paramour can be used to prove infidelity. If there are allegations of parental neglect, text messages from a parent about not feeding or supervising a child could be used as evidence in a custody battle. Any messages from a third person to the opposing party may not be admissible, but anything authored by the opposing party is fair game in court.
How far back in time can the court go to get my texts or private messages?
As long as the information in the messages is relevant to the issues being litigated, there is no time limit on how far back the messages can go.
Should I delete my text messages before my divorce case?
Deleting text messages is often pointless as the recipient can produce them from their phone. Think, if an angry spouse sends a threatening message to their partner, then deletes the text conversation, the partner can still recover the text threat from their phone and admit in court.
What if the text is to someone else? Can those texts be recovered by the court?
Text messages can be recovered through a phone carrier record request or through a forensic phone extraction. However, this is rarely ordered by a court.
In child custody cases, though, judges often order the parents to download and subscribe to a third party app that monitors their communication and is reviewable by the court. Examples of such apps are Appclose or Our Family Wizard.
I receive abusive texts from my ex constantly. What should I do?
During the pendency of a divorce, emotions and conflict undoubtedly run high, but spouses would be wise to monitor the content and frequency of their text messages. Repeated texts, especially if contentious in nature can rise to the level of criminal harassment. Furthermore, texts involving threats of any nature can not only be admissible in a divorce proceeding, but could be criminally prosecuted as well.
Social Media in a Divorce Case
“Brag Posts” on Social Media
Brag Posts can call attention to you or your spouses income. After child custody, likely the biggest issue argued over in a divorce is the division of finances. Many courts have standing orders from the day the divorce petition is filed that prohibit either party from making large purchases that could drain the community estate. Large purchases would include elaborate vacations, new cars, or expensive jewelry. So, if you’re one who likes to brag about your trip to St. Tropez or post pictures of your new Louis Vuitton, rest assured those pictures on your IG will undoubtedly get you in trouble when your case goes to court.
“Checking in” to Certain Locations
Even checking in or tagging a location on your social media can be weaponized against you in court. If you are fighting for more custody with your children, but constantly posting pictures and tagging locations of you at the club late on a Tuesday night, your ex will be able to admit those in custody proceedings. If your ex is accusing you of infidelity, you can guarantee they are going to do the detective work to find out if that restaurant you checked into on Facebook really was hosting you with business partners and not an affair.
Should I just delete my social media after filing for divorce?
Spoliation of evidence occurs when a party intentionally deletes or destroys anything that could be used as relevant evidence in a case. If you delete your social media during the pendency of the divorce, you could face court sanctions as well as the other party being allowed to admit evidence of the spoliation during any hearings or trial. Furthermore, many courts are including explicit prohibitions in their standing orders against deleting or altering any social media profiles or posts.
Posting Information About Your Divorce Case on Social Media
Because every word and every picture posted on social media could be used against you, it’s never wise to post publicly the details of your case. If you post what you’re worried about, you’ve given the other party a preview of where to hurt you. If you post about what you want to get out of the divorce, then the other party can refuse to settle or even misrepresent your post as showing some sort of motive. Most importantly, however, is the fact that many children and adolescents have access to social media and might see what you post. Most courts include a provision in their standing orders that neither party can discuss litigation in front of the children, so posting about the litigation knowing children might read it would directly violate a court order.
These and other important considerations can all affect the outcome of your divorce along with how marital assets are divided. This is why you should always contact an attorney for a consultation to discuss rules, schedules, plans, and details. Contact us at The Fox Firm today to schedule your consultation. Being armed with information is the best way you can favorably resolve your divorce.