A major UK newspaper recently reported that Facebook is cited in one third of divorce filings. Facebook and other social media provide a treasure trove of information, from geo-tagging locations to proving connections between parties. Nothing put on social media is truly private, regardless of your settings.
Arizona is a no-fault state, so evidence of infidelity itself is usually not relevant. In many cases however, people use Facebook accounts as their email system and their entire social communication structure. Parties may expose their secrets in less public forums of social media.
Even when parties block each other, social media is often intercepted by a third party or friend who then forwards it on, which can often remove the privilege protections that may otherwise exist. Especially in cases where one party claims financial hardship, showing their facebook pictures and posts about all their vacations and meals out can be helpful. Additionally, credibility of parties can be impeached when the party says one thing in Court and another thing online. Even when the posts themselves are not used in Court directly, spouses who have each others’ passwords often snoop and find out about cheating or a plan to divorce from private communications. Depending on how this is done, there could be criminal consequences.
If you or a loved one is going through a divorce or other family law issue, please contact one of the experienced attorneys at Rowley Chapman & Barney by calling 480-833-1113 or visit us on our divorce page.
