Divorce attorneys have long been advising their clients to refrain from posting status updates or photos on social media sites such as Facebook, Instagram, and Twitter during their divorce cases. Too many people ignore this advice, however, and post things they find harmless that only comes to hurt their case in some way. For example, relatively innocuous photos of you having a margarita on the beach in Mexico could possibly be used as evidence of your financial situation (that you can afford to take vacations) or to question your fitness to be a good parent (due to a “party” lifestyle). A recent case out of Florida only reaffirms the fact that courts are willing to use social media evidence to decide cases.
No privacy rights to Facebook photos
The Fourth District Court of Appeals of the State of Florida ruled on a case earlier this year that involved a woman’s attempt to keep her Facebook photos and profile information from the other party following a discovery request. The woman claimed that, even though the photos were on the internet, she had set her account to “private” and, therefore, her photos should remain private. The court held that she had no privacy rights to photos or Facebook profile and that they did not constitute any type of privileged information. Because her profile contents could reasonably lead to discoverable evidence, the court held she had to turn over access to her account.
Many people believe that privacy settings will protect them from social media contents playing a role in a legal case. The decision in the above case illustrates how privacy settings provide a false sense of security for anyone involved in a legal matter. Though the above example was a personal injury case, the same ideas ring true for divorce and custody cases, as well. Divorce attorneys often like to take pieces of information to paint a picture for the judge of your situation. For this reason, obtaining little snippets of information from your Facebook page can be harmful, even if the photos or status updates were taken completely out of context. These are the reasons why you should always listen to your divorce lawyer and stay off social media during the course of your divorce case.
Boca Raton divorce attorney Alan R. Burton can help you
Many people in the midst of divorce do not realize how much Facebook or social media posts can affect their cases. For this reason and more, you should always have an experienced divorce attorney handling your case who can advise on how and how not to act until your divorce is final. An attorney will know the risks of social media during a divorce, as well as other factors that may adversely affect your case, and will work to make sure your best interests are protected. If you are facing a divorce or any other kind of family law issue, call the law office of Alan R. Burton in Boca Raton for assistance today.