The era of social media has transformed how we communicate, share our lives, and document our experiences. But can this online presence impact the outcome of a divorce case?
As Instagram and other social media platforms become increasingly ingrained in our lives, it’s crucial to understand the legal implications and how our online activity might be used against us.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, dives into the world of subpoenas and social media, specifically discussing whether Instagram messages can be subpoenaed for divorce proceedings in Texas.
All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in the light of Texas Family Law. This content is for educational purposes only.
Navigating Hearsay and Admissibility of Social Media Evidence
In a divorce proceeding, just about any type of social media can be subpoenaed and used in court. However, it is important to note that this evidence is subject to hearsay rules. A Hearsay is any statement made out of court by a declarant who is not in court to testify to those statements.
For instance, if there’s an Instagram post from Bob, and Bob is not in court to testify about that Instagram post, there’s a chance that it may not have an exception or exemption to the hearsay rule.
So, when considering any type of social media evidence, whether it be Instagram, Facebook, Twitter, or TikTok, it’s crucial to have an attorney from a family law firm like Turner-Monahan PLLC who understands credible, admissible evidence and can explain hearsay and overcome its hurdles regarding social media.
Click here to learn more about how to deal with harassing text messages during a custody battle.
How Does The Family Code Address This Issue?
Under the Texas Family Code, there are no specific statutes that address the issue of social media evidence in divorce proceedings. However, the Texas Rules of Evidence apply, including the hearsay rule discussed in Rule 801.
When people say something outside of the court, that may not be allowed as evidence in court because the person who said them is not there to confirm that they are true. In a divorce case, social media posts can be used as evidence, but only if they fit certain exceptions to the rule.
One exception that may apply to social media evidence is the statement against interest under Rule 803.24, like admitting to hiding assets. Another exception is if someone posts about something right after it happened, like an argument with their spouse.
Working with an attorney who understands the nuances of presenting social media evidence in family law cases like those at Turner-Monahan, PLLC is essential. The firm is committed to fighting for the clients’ rights and prides itself on integrity and dedication.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
For 40 years, Turner-Monahan, PLLC has been providing experienced representation for families dealing with family law matters. Our team has helped thousands of families with divorce and child custody cases.
As legal navigators, we guide our clients through difficult times with aggressive protection of their rights. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What NOT to do During Your Divorce: How Your Social Media Use Is Hurting Your Divorce.”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Should I Bring With Me For My Initial Consultation With The Law Office Of Turner Monahan PLLC?
- What Is The Difference Between Prenuptial And Postnuptial Agreements?
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments?
- How Do You Get Medical Information From The Other Parent Who Is Keeping It From You?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
