Can Your Posts Be Introduced as Evidence in a Divorce Proceeding?
For many people going through a divorce, social media provides a lifeline, but can also pose significant risks. It can help you reconnect with the world, but can it also be used against you in court?
Social Media—Just a Part of Everyday Life Now
It’s hard to believe that the first social media outlets appeared on the internet about 30 years ago. According to data collected by DemandSage, an estimated 5 billion people spend some time every day on a social media site. A study from the University of Maine concluded that nearly half a million new users come to a social media platform every day.
The Potential Use of Social Media in a Divorce
As a general rule, social media posts may be used in virtually any legal proceeding, including divorce actions, provided their use complies with the rules of evidence. As a fundamental rule, certain requirements must be met for evidence to be admissible in court:
- The evidence must be relevant to material issues in dispute—The courts typically require that, to meet the test for relevance, the evidence must make a material fact more or less believable
- The evidence must be “authenticated”—Essentially, the party introducing the evidence must demonstrate that it is what it claims to be and has not been fabricated or altered
- The evidence must be deemed reliable—The source of the evidence must be shown to be credible and trustworthy
- The evidence must have been legally obtained—For example, the evidence may not be obtained without a warrant (if required) or through other illegal means
Contact Attorney Chrysandra S. Bowen for Experienced Texas Family Law Representation
At DTX Family Law, we understand that every divorce or family law matter is unique and will always take the time to learn your specific needs and goals, so that we can work toward a result that is in your best interests. We are proven trial attorneys, with a comprehensive knowledge of what can and cannot be introduced as evidence in a divorce proceeding. Chrysandra is board-certified in family law by the Texas Board of Legal Specialization, an honor earned by less than one of every ten attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, and the cities of New Hope, Lowry Crossing, Fairview, Farmersville, Gainesville, Lindsay, Rosston, Oak Ridge, Callisburg, Muenster, Valley View, Myra, Woodbine, Marysville, Bulcher, Decatur Bridgeport, Rhome, Boyd, Chico, Paradise, Aurora, Alvord, New Fairview, Lake Bridgeport, Arlington, and North Richland Hills