People use social media platforms for various reasons. Some use social media to keep in touch with family and friends. Others use social media platforms like LinkedIn to network with people across the globe and find employment opportunities. Because of the many ways you can use social media, it is rare for you to come across someone who does not use social media. If you come across a person who does not use social media, the chances are, even though they do not actively use any platform, they know about social media.
Unfortunately, social media can also create problems for its users. If you are going through a divorce or are about to start the divorce process, keep in mind that your social media posts can affect your case negatively. Since the information on social media platforms is easily accessible, you must remain cautious about your social media activity. Your spouse’s attorney is most likely scrutinizing your social media posts to find something to use against you.
Nonetheless, for a social media post to be used as evidence in a Florida divorce case, the one who wishes to use it must prove that they obtained it through legal means. Additionally, the authenticity of the evidence must be proven.
Evidence obtained from your social media can impact your divorce case in several ways. Below is a look at some of the few ways your social media posts can affect your Florida divorce case.
Proof of Infidelity
Generally, adultery rarely plays a role in Florida divorce cases. However, adultery can influence alimony or property division decisions. Suppose your spouse’s attorney finds a social media post on your part that indicates you used marital assets on an extra-marital affair. In such a case, your spouse’s attorney may use that post to convince the court to grant your spouse a larger portion of the marital assets. If you requested alimony, your spouse’s attorney might use your post to get your spouse out of paying the requested alimony or out of paying alimony altogether.
Proof of Unfitness
If you are a parent, a social media post can be used to show you are not capable of taking care of your child. For example, if you regularly post photos or videos of you partying, the other parent can claim that you are reckless and do not deserve to have custody of your child. Even a picture or video that you posted for purposes of humor can be used against you.
Proof of Hiding Assets
Florida embraces the equitable distribution law when it comes to distributing marital assets. The law states that marital property division should always be done fairly and equitably, but not necessarily in an equal manner.
If your spouse feels they deserve to get more than you, they can use your social media posts to prove that you are hiding assets even if you are not. Even a post about an innocent trip to a shopping mall that sells expensive things can be used against you. Thus, it is best for you to stay off social media during the divorce process.
Contact a Divorce Attorney Today
If you need help with your divorce case or refuting the admissibility of a social media post that your spouse is trying to use against you, contact Tampa Bay Legal Center, P.A., today at (813) 341-3333 to schedule a consultation.