Divorcing Couples Face Rising Use of Smartphones, Social Media as Evidence | Law Firm Newswire

Divorcing Couples Face Rising Use of Smartphones, Social Media as Evidence

Orange County, CA (Law Firm Newswire) July 20, 2015 - The use of evidence from smartphones and other wireless gadgets during divorce proceedings has increased over the past three years, according to 97 percent of the lawyers surveyed by the American Academy of Matrimonial Lawyers.

Among the types of evidence gathered, 46 percent consisted of text messages, while 30 percent were emails and 12 percent were call logs and phone numbers. App data, Facebook posts, Twitter feeds and more were also used.

California divorce mediator Gerald Maggio commented, “It is a good idea to monitor your behavior on social media. Ask yourself, if I post this, will it come back to haunt me later? If you are going through a divorce, err on the side of caution and refrain from using social networks until after the divorce. Otherwise, your online activities could harm the proceedings.”

The survey cited popular social media sites Facebook, Twitter and Instagram as being the top three used for divorce evidence by 41 percent, 17 percent and 16 percent of the surveyed attorneys respectively.

Social media can have a significant impact on divorce cases by opening up divorcing partners to scrutiny in court. In litigated divorces, opposing attorneys may dig up incriminating information from social media pages for one spouse to use against the other as evidence to prove anything from concealed assets to the breach of a prenuptial agreement.

For example, a parent “tweeting” about a night out could be perceived as being irresponsible towards their child, or a spouse sharing Instagram photos of a vacation could raise questions about their income.

“When it comes to divorce, an advantage of mediation is privacy. Neither party is compelled to look through each other’s social media activity to find something incriminating to use. The divorcing partners can instead focus on looking forward and coming to an agreement regarding their futures, rather than reliving the past,” said Maggio of California Divorce Mediators.

California Divorce Mediators
Main Office
420 Exchange
Suite 270-B
Irvine, CA 92602
Call: (949) 553-0911

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
Call: (949) 553-0911

  • Pros and Cons of Cohabitation Versus Marriage in California
    The subject of whether marriage better or cohabitation warrants a lot of debate based on people’s personal experiences and beliefs. There are some who believe nothing can replace a marriage in a loving relationship, while others beg to differ and believe that cohabitation is equally amazing without the legality of marriage. We discuss some of […]
  • What Can And Cannot Be Considered As Income For Child Support
    Divorce is always a difficult period for the couple going through the procedure. The proceedings, however, are much harder if there are children involved. Children below the age of 18 are involved in the unpleasant business of divorce despite their unwillingness. Divorce settlements often do not proceed smoothly especially when there are issues revolving around […]
  • Divorcing A Spouse Who Does Not Want The Divorce
    There could be a time when you want to end your marriage but your spouse does not want it to continue. It is possible to get a divorce in such a case. Do note that such a contested divorce can take a lot of time. It could also involve a number of complexities. Trial needed […]
  • Creating A Divorce Safety Plan In Case Of Domestic Abuse
    If you are in danger, call “911” immediately. You are solely responsible for keeping yourself and also your children away from any harm due to domestic violence. You must prepare a safety plan. A safety plan is a scheme which you can execute to keep yourself and your children safe from any kind of domestic […]
  • Paying For Your Child’s Medical Care After Divorce
    In most cases, divorce means one parent generally provides child support. The payment is made to the other parent so that the child’s daily expenses are met, including food, cloth and housing. The problem is that courts cannot predict the future medical expenses of any child. It follows that the support amount every month for […]
  • What To Know About Dividing Antiques In A Divorce
    Other than your home, considerable joint property exists in valuable items present in your home. Similar to the appraisal of the real estate before your divorce, it is a good idea to appraise the personal property as well. This is as the total value of your personal property can add up to a large amount. […]

Tags: , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required