by Jonathan C. Noble, Esq.
More than one-third of divorce complaints in the United States include some form of social media as factor in divorce. According to a recent survey, the word “Facebook” appears in over one-quarter of divorce actions. It seems that the digital age has created a vehicle for marital unrest to creep into the sanctity of holy matrimony. Recently, one woman filed for divorce because she alleged that her husband of two months refused to change his Facebook relationship status from “single” to “married”. Hopefully, she lives in a “no-fault” state.
The rules of evidence are important.
The rules of evidence play a vital role in the admissibility of certain documentary evidence. E-mails, text messages, tweets, snap-chats, Linked In messages, What’s App communications, Facebook postings, Tweets on Twitter, and the like provide some of the best evidence in family law matters. However, all documents introduced at trial are governed by the various rules of evidence. Simply put, the probative value of any piece of evidence must outweigh the danger of unfair prejudice, confusion, or misleading the fact finder. All potential documents you want introduced in evidence must also be relevant and authentic. Courts are given wide latitude when making rulings on the admissibility of evidence. A skilled lawyer can navigate the rules of evidence and put your case in the best possible light.
Authenticating documents in family law cases – a potential trap for the unwary.
Before documents can be admitted in evidence and considered by the trier of fact, they must be properly authenticated. There are several methods to authenticate documents in a legal proceeding. This is another area where skilled legal counsel can employ a pretrial strategy to greatly improve the chances that relevant evidence is admitted in evidence and properly considered.
Custody cases and Social Media – think twice, then think again before acting. Do not be your own worst enemy.
There have been many reported custody cases where one parent does things to undermine their position. Some people do things without thinking. Some people cannot control their urge to disparage their former spouse on social media sites or in written communications. Other people cannot resist the urge to post photos of themselves doing things that undermine their credibility or that potentially damage the court’s view of their fitness for parenting their minor children. Simply put, it is always better to refrain from doing anything that can be documented, authenticated and admitted in evidence and work against you in any legal matter. I recommend taking the mindset that you should expect that the finder of fact will be reading anything you put into the cyber world. Once your document, photograph or other electronic communication is out there, it is not always possible to retrieve. Think twice, then think again before acting on social media or before sending any electronic communication. Using common sense and focusing on the best interests of your child usually works well in custody matters. You can help yourself a great deal simply by not being your own worst enemy. Think about it.
