Facebook and Divorce

CNN ran an interesting article captioned “Divorce attorneys catching cheaters on Facebook.” An example given of social media in the courtroom was a lawyer using Facebook data to attack a parent’s credibility as a witness. The parent claimed he didn’t drink alcohol, but his Facebook account showed recent photos of him drinking beer.  Not good, because credibility is everything in court.

In our Oregon divorce and family law practice, we see social media come up in cases with increasing frequency. People freely post personal information online that they might be reluctant to give up as part of a deposition. One case involved an online dating site where a party had posted income information, and was then dismayed to see it at the child support hearing. Our suggestion is make sure your privacy settings are such that you aren’t giving away information that you wouldn’t want to freely disclose in your court case. Better yet, don’t disclose personal information that could affect your case, because the records could be obtained by court order.

About Sean Stephens

By Sean Stephens Google + Sean Stephens is divorce and family law lawyer, and a founding member of Stephens & Margolin LLP He was born in Eugene, Oregon and is a fourth generation Oregonian. Sean Stephens attended the University of Oregon, and graduated in with a Bachelor of Science in Psychology, with a minor in English Literature. His psychology studies emphasized early childhood development. You can find more about Sean Stephens at Stephens & Margolin LLP Follow him
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4 Responses to Facebook and Divorce

  1. D.H. says:

    It’s even more embarrassing when a judge goes through your client’s phone pics. Arg.

  2. LOL, you know what Stephens… you are telling the truth in this post, and I am still chuckling after reading it.

    The sad fact, is that people who are cheating on their spouses… know that they should hide it… but when it comes to different forms of media (whether it is texting on a cell phone, Facebook, Myspace, emails, etc.), these cheaters let the world (and their spouses) know the deep dark truth.

    Good post,


  3. kevin zack says:

    Myspace, and Facebook have created probably 100 fights between my fiance and I. I don’t believe that they have any place in the lives of people in committed relationships. They facilitate drama, cause insecurity, and create opportunities for infidelity. These sites are used by many, many people to look for sex. People who are dating or married use them to cheat. Sexual predators use them to find children. Everyone always believes that everything that they do on these sites is innocent, while being suspicious of their partner’s identical actions on the same sites. Attorneys that were polled said that 20% of divorces in 2009 were directly related to or caused by Facebook. Yesterday an ex of mine tried to friend request me on Facebook. I ignored the request, as I had no interest in talking to her and because I felt it would be inappropriate to have her on my friends list. I told my fiance about it, and now she wants to write her a nasty Facebook message telling her to “Stay away from my man”. To me the situation has been resolved and there is no reason to make it worse and start a bunch of bullshit. If my ex replies in any way this is only going to escalate. Because I urged her to just “let it go” she is now accusing me of cheating! I just want to enjoy my life with her without it being interrupted and dominated by stress and drama. I hate this shit, and it ruined what was a really good night, so I am done with Facebook. I don’t want to have anything to do with any Social sites anymore and I would urge anyone who cares about their relationship to consider whether it’s worth the stress and strain on their relationship or marriage.

  4. I don’t understand it – if you’re going to cheat at least try to be discreet about it.

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