Social Media and Its Impact on Family Law Litigation
Whether used as a sword or a shield, social media is becoming increasingly prevalent in litigating cases. It is important to learn how it may be utilized and for what purpose during litigation
Social media posts can be introduced as evidence in Virginia[1], after proper authentication.[2] This means that you must be extremely careful with what you post on the internet, even if it is under a false name. No matter how anonymous you believe your account is, it is far safer to be overly cautious about online posts.
Here are some areas where social media, blog posts, and website postings can be used in court:
CUSTODY CASES
Social media posts can be used in child custody cases to show bad parenting decisions. For instance, if a parent is seen drinking, abusing drugs, excessively partying, or otherwise demonstrating inappropriate behavior, this can be used as proof of being an irresponsible parent.
SUPPORT CASES
In either child or spousal support cases, online posts displaying an extravagant lifestyle can be used as evidence to demonstrate that a party has more money than they allege. Additionally, if the posts show luxury purchases, frequent travel, or signals that one is living beyond their means, then the party paying support can use these posts to argue the receiving party should have their support reduced.
Another important thing to consider, is that in many cases, spousal support terminates if the party receiving support cohabits with another person in a relationship analogous to marriage.[3] So, social media may be a good way to monitor if a party receiving spousal support has entered a more intimate, long-term relationship, that warrants support termination.
DIVORCE CASES
One of the more obvious uses of social media is to provide evidence of adultery. As online dating becomes more widespread, people’s profiles, direct messages, and photos may be used to prove infidelity.
Not only can it be used to show adultery, but social media posts may also be used for issues regarding property division. Similar to support cases, posts of a new car purchase, an impromptu trip to Europe, or regular evening outings to expensive restaurants can be used against you, as it could be a misuse of marital funds or an indication that a party has access to unknown financial resources.
OTHER CONSIDERATIONS
Nothing is private when it gets posted online, even if it’s an Instagram story that lasts 24 hours or a Snapchat that lasts a few seconds. Be mindful of how your posts may be perceived, and if there is any doubt, don’t post it.
If you are looking for legal advice or for an attorney to represent your interests in your divorce, custody, or support case, our experienced family law attorneys at Briglia Hundley can help. Contact us to schedule an initial consultation today.
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[1] Rule 2:901 of the Supreme Court Rules of Virginia.
[2] Reyes v. Commonwealth, No. 0525-21-4, 2022 Va. App. LEXIS 247 (Ct. App. June 21, 2022) (“[A]ppellant identified multiple photos and posts from the two social media accounts and confirmed that the accounts belonged to him … [T]he court determined that the Commonwealth proved, by a preponderance of the evidence, that the social media accounts were authenticated and admissible.”)
[3] § 20-109. Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement. This is true in most cases, however, some parties agree to different terms that do not adhere to this statute.
