Social Media as Evidence in Divorce

Family Law Attorneys Helping Residents of Denver and Surrounding Cities

Social Media as Evidence in Divorce It is common for people to use social media to document and share positive and important events in their lives, whether these involve their kids, pets, promotions, successes, vacations, or a nice dinner out. Other people use social media to share their problems with their friends. However, you may not realize that social media may be evidence in a divorce proceeding. Posts, photos, emails, and texts may be admissible in court and used to establish facts that work against your position. At Plog & Stein, our Denver divorce attorneys provide vigorous, knowledgeable representation to people dealing with divorce, property division, custody, alimony, and other divorce-related issues.

Social Media May Serve as Evidence in Divorce

In Colorado, couples are required to make financial disclosures to each other. Under Colorado Rule of Civil Procedure Rule 16.2, each divorcing spouse is supposed to disclose everything to the other spouse about their financial condition, including all of their income, assets, and debts. In the past, a spouse had the burden of discovering information that was not disclosed, but currently, the non-disclosing spouse may be held accountable for failing to provide honest and thorough information.

Unfortunately, some spouses do not make honest disclosures. They may, however, freely share information online that may be used to show dishonesty. For example, some people announce a bonus or a promotion that they have not revealed in their disclosures. Sometimes people have side jobs or investments that they may not reveal in their disclosures. Others take expensive vacations even though they claim not to have money to pay alimony. Generally, it is wise for people involved in a divorce not to disclose information through social media.

Social media often involves geo-tagging. It might reveal information that a parent or spouse might prefer to keep secret. For example, if you post pictures of going out to get cocktails at a time when you have the kids, this might be used to support an argument that you are not acting in the children's best interests. Similarly, if you post that you have been hanging out with your friends instead of searching for a job, a judge may impute income to you or make another adverse ruling.

Sometimes spouses are friends or follow each other on social media, such as Facebook, Twitter, LinkedIn, or Instagram. In these cases, they may be more cautious about what they share, particularly if they have deceived a spouse as to their financial condition. Privacy settings may change without prior notice to a social media user, and sometimes a friend of a friend shares information, such as when friends go on vacation together or applaud each other's successes. Generally, you should be cautious about what you share, sharing only what you would be willing to have a judge see and read.

Online dating may also present hazards in a divorce case. While Colorado is a no-fault state, adultery could become relevant is some divorce cases. Given the penchant for people to post things about their love life on line, it’s not too hard for the other spouse to find information that could be damaging at trial. Online dating sites are no exception. Though adultery, alone, is not necessarily relevant, it can become relevant if one party is carrying on in front of the children, or perhaps squandering marital assets as part of an affair. Why court trouble?

Does this mean that you should delete your social media account? No. The smartest thing to do is to manage it carefully and privately. Traditional discovery may unearth the same information, but by posting information about yourself voluntarily online, you might adversely affect your case right from the start. Be smart and understand anything you say, including online, can be used against you. Denver divorce attorneys know this and will use what they can to further their clients’ cases. This includes the experienced family law attorneys at Plog & Stein.

Consult a Knowledgeable Divorce Attorney in the Denver Area

If you are concerned about the use of social media as evidence in your divorce proceeding, you should retain an experienced Denver attorney. At Plog & Stein, we understand our clients' needs and are ready to use our 60 years of combined legal experience too meet their objectives. Contact us online or call Plog & Stein at (303) 781-0322 to set up an appointment. We also represent people who need an alimony lawyer or assistance with other family law matters in Castle Rock, Highlands Ranch, Centennial, and Aurora, as well as other cities in Arapahoe, Douglas, and Denver Counties.

Client Testimonials
His passion and ferocity kept me going through this long ordeal.
When I first came to Plog & Stein it was simply discuss the renegotiation of child support. Little did I know that within 72 hours I would be retaining Steve Plog for a custody battle. His passion and ferocity kept me going through this long ordeal. I have recommended him to my friends and I would recommend him to anyone with who wants honest and effective representation.
★★★★★
I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation.
I am thankful for the job Sarah McCain did for me in my fight with my ex-wife for visitation rights with my daughter. Sarah and the team at Plog & Stein handled my case in an efficient, affordable, and professional manner. Sarah negotiated a new parenting plan as well as acceptable visiting rights and even a favorable modification in my child support. I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation.
Tom
★★★★★
At the end of the day he was able to produce a settlement that was fair to both parties.
I highly recommend Stephen Plog for anyone in need of a top notch domestic relations attorney. After a 27 year marriage, Stephen represented me in a complicated and sometimes bitter divorce with many unique challenges. At the end of the day he was able to produce a settlement that was fair to both parties but limited my alimony payments to only 3 years. He is smart, cuts to the chase, knows the court system in the Denver metropolitan area and can be trusted to get his clients the best possible settlement.
Neal
★★★★★
Their service was outstanding, with prompt responses to all of my questions.
Sarah McCain and Plog & Stein were wonderful to me during such a difficult time in my life. Their service was outstanding, with prompt responses to all of my questions and creative ideas throughout the proceedings to help things go smoothly. Sarah's compassion, patience, and expertise were especially invaluable to me. I highly recommend them.
Sandy
★★★★★