Facebook and Divorce

The advent of social media has simultaneously improved and sullied our lives.  One day we find an old high school friend not seen since graduation and the next day we discover our spouse “poking” an old college girlfriend.

Divorce Online, a British legal services company, recently conducted a study in which it found one third of all divorce complaints filed during 2011 contained the word “Facebook”.  (See article here.)  The reasons the social media giant appears so frequently are no mystery.  Cited as the most common reasons for Facebook appearances in sampled divorce complaints are 1) inappropriate postings between a spouse and a member of the opposite sex, 2) post-separation insults posted by jilted lovers, and 3) reporting of one spouse’s activity by a friend of the other spouse.  These problems have become so commonplace the aggrieved now have a special website, http://facebookcheating.com, where they can go and vent to others in similar situations.

Not only does Facebook play a role in causing marital discord, it frequently plays a significant role in subsequent litigation.  First, the opposing party will almost certainly be snooping around on your page to see what you are up to.  Second, A person anticipating a divorce or custody case should exercise extreme caution in posting on any social media site.  When a client asks me about their case and their Facebook page my answer is always the same:  DO NOT POST ANYTHING ABOUT YOUR CASE.  EVER.  Do not change your relationship status, do not complain about your soon-to-be Ex.  Do not share details about your child support obligation or visitation schedule.  Finally, You should also be careful about existing entries on your page.  If you are the type of person who has a Facebook page but does not post frequently most of the content on your page, as well as your pictures, are supplied by your “friends”.

Here is one example of how that can go terribly wrong for a person.  Hypothetical Harry typically only takes pictures when he is out at parties.  Usually if Harry is a party he will have a few drinks.  Since Harry is photographed mostly at parties, almost every picture of Harry is a picture depicting Harry partying and drinking.  This makes Harry look like an alcoholic and will decrease the likelihood of Harry getting custody of his child.