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How Can Facebook and Other Social Media Influence My Illinois Divorce?

 Posted on March 13, 2020 in Divorce

DuPage County divorce attorney social media evidenceSocial media websites like Facebook, Twitter, and Instagram have revolutionized the way we communicate with each other, so it may not surprise you that social media is increasingly influential in divorce cases. A large percentage of divorcing couples name Facebook or another social media website as a contributing factor in the breakdown of their marriage. Social media activity can also have a tremendous impact during divorce and child custody proceedings. If you are considering divorce, you should know that the pictures, videos, and text you post on social media has the potential to significantly impact your divorce.

Social Media Posts Can Reveal Financial Information

Many people do not realize it, but text messages, email messages, and social media posts are admissible evidence in divorce proceedings that may even be subpoenaed. One way that social media often influences divorce is when a spouse shares something that reveals information about his or her finances. Decisions about child support, spousal maintenance, and property division are all largely based on the spouses’ financial circumstances. If a spouse is underreporting his or her income or assets in an attempt to gain financial advantage during divorce, social media posts may expose this deception. For example, if a husband claims that he cannot afford spousal maintenance payments but then posts a picture of a luxury car he just purchased, this could be used as evidence that he is lying about his true financial situation.

Social Media Can Affect Parental Responsibilities and Parenting Time

Divorcing parents often have disagreements about child custody and visitation which is officially called the “allocation of parental responsibilities” and “parenting time” in Illinois. There are several ways that social media posts can influence child custody matters. For example, imagine a scenario in which a husband and wife each want to have the majority of parenting time with the children. If the wife posts pictures of herself going out to bars several nights of the week when she is allegedly caring for the children, this could call into question her desire and ability to take on a large amount of parental responsibility. It is important to remember that even if you have your social media account set to “private,” there are still many ways that your social media activity could be used against you during divorce proceedings. The best way to avoid negative consequences from social media during divorce may be to simply take a break from social media websites until the divorce is finalized.

Contact a Wheaton Family Law Attorney

Social media activity is increasingly being used as evidence in family law proceedings. It is important to be very cautious when using social media during divorce or other family law disputes. For trustworthy legal guidance during your divorce, contact The Stogsdill Law Firm, P.C. Call us at 630-462-9500 to schedule a consultation with a knowledgeable DuPage County divorce lawyer from our firm.

Sources:

https://www.huffpost.com/entry/a-look-at-how-social-medi_b_10633940

https://abcnews.go.com/Technology/facebook-relationship-status/story?id=16406245

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