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Our Lansing readers and the rest of Michigan may recall a post from late last year titled, “Couple ordered to swap social media account passwords.” In it we shared the story of a divorcing couple fighting over child custody. Each party was ordered by the court to swap social media account passwords with the other.
The case stemmed from the husband accusing the wife of having unflattering information posted publicly online. Whatever that information was, the husband felt it was an issue worth raising in their divorce and child custody proceedings. The court agreed.
Social media has since received even more attention as websites such as Facebook are increasingly cited in divorce cases. In fact, it has been reported that an ever increasing number of judges are allowing social media evidence into divorce cases. According to the American Academy of Matrimonial Lawyers, over 80 percent of lawyers report an increase in cases involving social media websites and information.
It has been reported by one lawyer that of all his cases in which social media has come into play, material and evidence came exclusively from Facebook 60 percent of the time. Facebook is often cited because it is easy to connect or re-connect with people after a long span of time or distance has separated them.
Some experts note that Facebook and other social media websites are also used by people to let off steam about their lives. That can lead to unflattering or unsavory comments, posts, and even photos being placed on public display.
Lansing couples who are Internet savvy and are considering divorce may want to monitor what they post online. Since a court can order practically any information released, it would be wise for anyone considering divorce to consider whether posts about last weekend’s “girls night out,” or “boys day at the lake” may provide evidence that could be embarrassing. Even harmless fun can appear negative in divorce or child custody proceedings. With that in mind, it is perhaps better to be safe than sorry.
Source: Detroit Free Press, “Divorce lawyers turn to social media to turn up the goods on cheating spouses,” McClatchy-Tribune Services, June 24, 2012