Rise In Social Media & Technology Used As Damning Divorce Evidence

A mounting body of recent research has revealed that social media and technology are increasingly being used in divorce cases in the UK and all over the world. In 2013, over 80% of the divorce attorneys included in a survey by the American Academy of Matrimonial Lawyers said that they had noticed an exponential increase in the amount of evidence collected from social media sites used in divorce cases. A new survey carried out in 2015 by the same organisation said that a massive 97% of attorneys said that the use of evidence from smartphones and other wireless gadgets had increased over the last three years. 46% of this evidence was in the form of text messages, 30% emails and 12% call logs and phone numbers. The top three social media sites used for acquiring divorce case evidence were:

  • Facebook – 41% of attorneys cited this
  • Twitter – 17%
  • Instagram – 16%

What can social media evidence prove?

There are many things that evidence from social media sites can prove in a divorce case. For example, a photo posted on Instagram of a former spouse on holiday in an expensive and exotic location can raise questions over their earnings, especially if they’ve pleaded poverty in court documents. Messages and photos on social media can reveal adulterous affairs, as well as evidence of broken prenuptial agreements. It can also be used to suggest that a spouse is a neglectful parent or guilty of unreasonable behaviour which contributed to the relationship breakdown. Judges in the UK are also granting divorce laywers permission to access Facebook and Twitter accounts in search of evidence that can prove hidden wealth. If a person has lied about their earnings and financial situation in order to escape spousal payments, social media evidence could provide clues as to where money and assets may be hidden. The role of technology in divorce cases Not many divorce cases are simple, straightforward and amicable, which is why many divorcing couples have been making use of smart tech gadgets to gather the evidence they need to achieve the outcome they want. For example:

  • Spy cameras, some often disguised as common household objects, can be used to prove adultery or undeclared business activities
  • GPS car trackers are sometimes used to discredit a spouse’s claims in relation to their whereabouts
  • Data recovery devices can retrieve forgotten or deleted chat logs, which could provide evidence of an affair, while some can even detect pornography on a device
  • Call recording devices can pick up exchanges which suggest undeclared business activities, hidden assets and even adulterous affairs, as well as vital verbal statements which could affect the outcome of divorce cases.

Many of us think that we have a right to privacy even on social media sites, but it’s crucial to remember that these platforms are public and so is the information, images and messages we share on them. If in doubt whether to press send, publish or share – don’t do it. Image credit: Wiki Commons