What do I need to know about Facebook and my divorce?

Facebook has opened lines of communication, allows people to stay in touch and even allows people to reconnect with friends and family (and sometimes old love interests) from long ago. That also allows many to get themselves in trouble when it comes to their marriage.

Research in the UK suggests that Facebook is cited in nearly 1/3 of all divorce cases filed, and Facebook can be a very good source of evidence for divorce attorneys – as can other forms of social media. It is important for social media users to understand that anything posted online can be used against that person in court.

Facebook can become particularly troublesome in divorce cases when adultery is involved – and often Facebook is the means by which an affair begins.

If you’re using Facebook or other social media, there are some basic things you should know about how that could affect your divorce or custody case in Tennessee:

1. If you have provided your spouse or significant other with a password to your account (social media, email, etc.), you have consented to the person accessing your account.

2. Not only may your spouse use public social media posts against you in a Tennessee divorce, but he or she may also request copies of all private messages and/or a copy of your formal Facebook archive.

3. You may not delete your Facebook account during litigation or when you anticipate litigation because that would be considered destruction of evidence. You may, however, “deactivate” the account so that no account is publicly available, but all evidence is preserved when you reactivate the account.

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