Social media can be a powerful tool during a divorce or custody battle, but it can also be risky if not used correctly. It is important to be careful about what you post on social media during these proceedings, as anything you say can and will be used against you.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, gets into the details of whether social media content posted by a party can be used against them during the divorce or child custody process. All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
Social Media As A Proof In Court
Social media is used all the time as evidence in a divorce matter. People will use Facebook, Instagram, Twitter, and all kinds of social media to show that maybe somebody is not acting in the child’s best interest.
A party can use it to prove that the other party would be drinking while they have a child or, unfortunately, utilizing illegal drugs In addition, they can show that the party is engaging in verbal abuse, such as making inappropriate statements or going to unsuitable places.
Moreover, social media is used as evidence to prove that something is going on or to impeach what maybe the other person is stating. So, you’re impeaching their credibility because they’re lying. And you have social media that would state otherwise.
It is important to remember that anything you post on social media can be used as evidence in a divorce or custody battle. So, before you post anything, ensure you are aware of the potential consequences.
If you are unsure about whether a post is appropriate, it is best to avoid posting it altogether. An attorney can help you navigate the divorce and custody process and advise you on how best to protect yourself and your children.
Read more about how social media can hurt your case in our detailed blog post, “Kiss Of Death: How Your Social Media Use Is Hurting Your Divorce”.
Texas Rules Of Evidence
Social media has yet to be addressed uniformly by courts, but the same general rules of evidence apply to it. The evidence must be relevant to the litigation, admissible for the intended purpose, and authentic. The Texas Rules of Evidence 105, 401, 403, 901, 902, and 903 govern the admissibility of evidence.
According to Rule 401, “Test for Relevant Evidence”, evidence is relevant if:
- it has any tendency to make a fact more or less probable than it would be without the evidence; and
- the fact is of consequence in determining the action.
The use of social media information in Texas courts is permitted, provided parties comply with the rules of evidence, with the most important factor being proper authentication. You can get the assistance of an attorney to get the right information so that you can either steer clear of creating evidence against yourself or use social media findings as a weapon in court.
Hire An Experienced Texas Family Attorney
If you are considering getting a divorce, it is important to have an attorney assist you throughout the process. An attorney can help you negotiate a settlement agreement with your spouse and represent you in court if a trial is necessary.
If you are considering using social media as evidence during your divorce case, your attorney can help you make sure that the posts are relevant to the case. Talk to attorney Tyler Monahan and schedule a free, no-obligation consultation to discuss the details.
In addition, check our website for more information about our services. Go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How Do I Deal With Harassing Text Messages During A Custody Battle?”
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.
- I Am In The Military. How Should I Prepare For Divorce?
- Are You Required To File For Divorce In The State Where You Were Married Or Where You Currently Reside?
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments.
- If A Parent Passes Away, By Law, Does The Other Parent Get Custody Of The Child?
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.
