Social Media and Divorce

by | Apr 3, 2012 | Divorce Attorney

Many people who once rarely went near their personal computers are now linked on Facebook, finding old friends, making new friends and dishing out dirt on themselves without knowing it. According to one divorce lawyer in Austin, this information can be useful in a divorce case, especially in cases of infidelity, adultery and inappropriate behavior regarding child custody issues.

I’ve seen lawyers request Facebook passwords and judges mandating it in court,” she said. “In any case, if you have innuendo on your social media page, nude photographs of yourself, pictures of you and the person you are alleged to be having an affair with, or communication between the two of you, all of this might be obtained by the court during a proceeding and used against you in the final decree.”

It is always best to maintain an appropriate persona online, but especially when you are going through a divorce. The best policy to have is to regard anything you post online as an advertisement of yourself to the world.

Another legal assistant who works for a divorce lawyer in Austin has another take. “If a spouse or possibly a parent of children whose custody issues are being considered, has no moral problem with exposing themselves online, I think that using social networking such as Facebook is a potentially excellent means for discovery. If someone is so irresponsible as to be indiscreet online, who knows how they might behave in the real world?

“There have been cases of teachers being fired – one teacher, for instance, here in Austin, who was terminated for revealing her breasts on a social networking site. I think that is totally appropriate. A woman who flashes her breasts to the world has no business being around our kids. It’s appropriate to use these measures in a court of law.”

Nevertheless, breaking into your spouse’s account to read email or find dirt on your own is a bad idea; it’s a felony, and you can go to jail if you try it. Although it may be tempting, if you are caught it will make your situation far worse because in a hostile divorce you will be prosecuted.

Another factor involves people who complain on sites like Facebook about their estranged spouses, possibly committing slander in the process. That is not a good idea either, and it has the potential to complicate proceedings. One solution is to save complaints for a counselor, or if they are legitimate, make them known to your divorce lawyer in Austin for further consideration.

Divorce Lawyer Austin – Whether your case is simple or complex, James W. Evans is a divorce lawyer in Austin who will stand with you through the difficult times. The James W. Evans Law Office is experienced in divorce cases involving financial and property disputes, child custody, child support, grandparents’ rights, protective orders, child abduction and the like. To discuss your case, call 512.628.2550. To reach Mr. Evans directly, call 512.628.2571 or email Phones are typically answered 24/7. You can also visit

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