Using Email, Texts, and Social Media in Divorce

According to the article, “Family Law: Social Media Evidence In Divorce Cases”, in the National Law Review[1], social media including Facebook, Instagram, and Twitter posts as well as direct messaging are admissible (and potentially condemning) as evidence in divorce cases in Florida and many other states.  The study mentioned in the article found that:

• More than 80% of family law attorneys find social networking evidence useful in court

• Over 65% of divorce cases use Facebook as a primary source of evidence, and

• “1/3 of all legal action in divorces cases is precipitated by affairs conducted online”[2]

Similarly, text messages and email, if not stolen through a private account, are generally permissible in Florida courts.  Consequently, any spouses going through a divorce or any type of family court should think very, very carefully before using online communications to discuss their divorce, current affairs, financial situation, or private personal information. 

Even if a spouse is simply sending direct messages to vent to a friend about her soon-to-be-ex via Facebook Messenger, this online communication can be discovered and used in court.  Likewise, an email from one spouse expressing raw anger and frustration can be a key piece of evidence that can characterize a person as enraged and unable to manage their emotions.  These types of communications, especially if taken out of context, can taint the perception of an individual, potentially painting them as a spouse unworthy of support or child custody.

We recommend to all our clients going through divorce or other types of contentious family law cases to avoid emailing or posting anything personal that you would not want others to see.  It’s just too easy to unintentionally post photos, images, or comments that, if discovered by opposing counsel, can potentially undermine a case.  

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.

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[1] “Family Law: Social Media Evidence In Divorce Cases”, National Law Review, February 14, 2019.  https://www.natlawreview.com/article/family-law-social-media-evidence-divorce-cases

[2] “Family Law: Social Media Evidence In Divorce Cases”, National Law Review, February 14, 2019.  https://www.natlawreview.com/article/family-law-social-media-evidence-divorce-cases