Social Media: Impacts on Family Law Cases
Like it or not, social media is pervasive. We post about our successes, our failures, where we eat lunch and with whom, and everything in between. More and more, courts are open to evidence of these postings that may affect the major issues that arise in family law cases in Oklahoma. The purpose of this article is to help you understand how social media can help or hurt your case once posts are up, and to encourage you to think about how your future social media posts could affect your family law case. Consulting with a qualified Tulsa divorce attorney before posting can save you grief later.
Social Media Evidence in Family Law
From Facebook, to Snapchat, to LinkedIn, to dating apps, we post about what is going on in our lives. These posts, direct messages, photos, videos, and even the posts we “like” and “dislike” are grist for the mill if they are relevant to family law matters. These matters include custody, visitation, support, and property division. In addition, social media can be mined for location check-ins and tags when location is at issue. This could be relevant for example if a parent misses a visitation and then lies about the reason why. The court frowns on a parent who says they were in a business meeting, while a location tag places them in Belize for example.
Legal Standards For Admissibility of Social Media Evidence
Oklahoma courts generally apply existing rules of evidence and case law to determine the admissibility of social media evidence. Here are some general considerations and legal standards for the admission of social media evidence in Oklahoma.
Social media evidence must be relevant to the issues in the case to be admissible. This means that the evidence must have a tendency to make a fact more or less probable than it would be without the evidence. For example, social media posts related to parenting behavior may be relevant in a child custody case.
Courts require that evidence be authentic, meaning that it accurately represents what it purports to depict. The party seeking to introduce social media evidence must show that the content is what it claims to be and that it has not been altered or manipulated, meaning that the evidence is reliable. This may involve providing testimony from a witness who can authenticate the evidence or using metadata to verify its origin.
Social media evidence may be excluded from a proceeding as hearsay. Hearsay are out-of-court statements offered to prove the truth of the matter asserted. There are exceptions to the hearsay rule, such as statements offered against a party that is inconsistent with the party’s own statement or statements by a party-opponent.
Social media evidence tends to impinge on privacy rights. Courts will balance the value of that evidence against those rights. While social media users may have a reasonable expectation of privacy in their online communications and content, they may waive this expectation by sharing information publicly or with a limited audience.
The Impact on Divorce Proceedings
This type of evidence can affect all types of issues in an Oklahoma divorce, including:
Asset Division: Social media posts, photos, and messages can provide evidence of a party’s assets, income, and financial transactions. Evidence of lavish spending, valuable possessions, or undisclosed sources of income may impact the division of marital property and assets. This evidence can also be useful when a spouse is hiding assets from the court.
Alimony and Spousal Support: Social media evidence may be relevant in determining spousal support or alimony payments. Posts or photos depicting a party’s lifestyle, employment status, or financial resources may influence the amount and duration of spousal support awarded by the court.
Child Custody: Social media activity can be a factor in child custody determinations. Posts or messages that reflect a party’s parenting skills, involvement with the children, or behavior that may be detrimental to the children’s well-being could impact custody arrangements.
Parenting Fitness: Social media evidence may be used to assess a party’s fitness as a parent. Posts or photos showing irresponsible behavior, substance abuse, or involvement in criminal activity could affect custody and visitation rights.
Adultery and Marital Misconduct: Evidence of infidelity or marital misconduct obtained from social media may be relevant in fault-based divorce proceedings in Oklahoma. Adultery or inappropriate relationships documented on social media may impact issues such as property division, alimony, and custody.
Communication and Conflict: Social media posts or messages may provide evidence of communication between spouses and their interactions during the divorce process. Evidence of harassment, threats, or attempts to intimidate the other party could impact court decisions regarding restraining orders or protective orders.
Best Practices for Managing Social Media
It is always best to think before posting or interacting with other posts online. This is particularly true if you involved in any legal proceedings. Always check your privacy settings to limit any potential range that a post may have. If you have questions about how a potential post could affect your case, consult with an Oklahoma divorce attorney. Your attorney can give you the information you need to limit exposure and risk during this sensitive time.
Free Consultation with a Tulsa Divorce Lawyer
Divorce is hard enough, make sure that you have an attorney on your side who can help make the process easier.
A no-cost initial consultation can help determine whether Divorce of Tulsa Law Office can provide the best Tulsa divorce lawyer for your family law matter. For a free confidential consultation, call now: 918-924-5526.
