People going who are contemplating or going through a divorce in Illinois need to be conscious of their social media pages and what they present to the public. If the general public is able to see something, a person should assume that their spouse or their divorce lawyer is also able to see it. This can be used as evidence in divorce.
This includes not only pictures that are posted, but it also encompasses direct messages through Twitter and Facebook that a spouse is somehow able to access. There have been numerous stories of untoward behavior discovered through social media. In fact, divorce attorneys have reported that they have been able to find useful evidence in a social media profile 81% of the time. This evidence is even admissible in court, provided that it was not obtained improperly. In other words, if a spouse resorts to deception to gain access to their spouse’s social media, the court may not admit it as evidence.
Regardless, people need to exercise judgment about what they post to social media during the divorce. Moreover, they should take the time to scrub their page of anything that may be compromising or can be used against them. While one may want to share their life with their family and friends, the divorce process calls for some discretion and circumspection.
A person who is involved in a divorce where social media posts may be an issue needs help to make it through the process. A family law attorney may advise their client as to how a court would view a certain piece of evidence. Depending on whose social media is at issue, the attorney may argue to either include or exclude the evidence if the case goes to trial. Social media is a fraught area, and spouses need to be aware of the ramifications of posts.