It depends. As Chandler divorce lawyers, we’ve seen a steep increase in Facebook and other social media being used as evidence in our family law cases, especially in cases related to Arizona child custody. In fact, we tell our clients to treat any social media or email communication as though it could wind up in court – and to act accordingly.
As far as whether your husband’s Facebook posts can be used in court, one of the most important factors is whether or not those posts are public. Let’s face it – divorce sometimes gets nasty, and it’s pretty normal to blow off steam privately with your friends. Most judges understand that, and it’s unlikely that a post of that nature would be permissible. However, public posts – especially any posts that are available for your children to read – could be treated very seriously. Nasty comments or posts that are publicly viewable could be seen as evidence of a poor parenting environment or harassment.
Social media posts are also sometimes used as evidence of dishonesty. You might be surprised how many people will publicly boast on Facebook about how they got away with a lie in court or post pictures that show them involved in illegal drug use – or worse. If you are concerned about the posts your husband is making during your divorce, we encourage you to print them out and show them to your Chandler divorce lawyer.
If you are getting divorced in Arizona, it is important that you at least speak with a qualified Mesa family law attorney who can help explain your options and rights. Call us today at 1-888-929-5292 to schedule a completely free consultation with one of our caring family law attorneys. For more information, you may also request a complimentary copy of our book Arizona Family Law – How to Handle Tough Issues in Tough Times.