Did you know that your post on social media could be used against you as evidence in Florida court proceedings?

Your public social media posts can be viewed by anyone on the internet and may be used as evidence. In addition to public posts, any social media posts shared with your spouse by one of your friends or followers may also be used as evidence.

On the other hand, if your social media posts were obtained deceitfully or illegally, then they are not admissible as evidence in a court. This means that your spouse is not able to create a fake profile to be able to view and then use your social media posts as evidence in court. Likewise, if your spouse hacks your account, any posts they discover may not be used as evidence.

While the best advice to anyone is to think before you post on social media, the second-best advice is to secure your social media accounts using the account settings to minimize the possibility of posts being discovered by unwanted persons and then used against you as evidence.

List of Types of Electronic Data Used as Evidence:

• Texts/emails sent to your spouse.
• Posts on social media sites.
• Retweets/reblog/etc.
• Likes
• Shared computer and social media accounts.
• Apple’s Family Features (such as GPS – Find my iPhone and any apps downloaded will be visible to others – e.g. Tinder, Grindr, AshleyMadison, etc.)
• Recordings of conversations that occur in a public place where people could reasonably overhear the person(s) speaking.
• Financial data.

Types of Electronic Data NOT Allowed as Evidence:

• False accounts that were created to gather information about your spouse.
• Hacking your spouse’s social media accounts.
• Hacking your spouse’s electronic hardware (such as their private computer, laptop, phone, etc.)
• Audio recording -- Wiretapping without the consent of all parties to the communication.
• Sex tapes are usually not shown in court.

Types of Social Media Impacts and Issues in Divorce Proceedings:

• Online activity can provide clues to hidden assets or other dirty tricks used by you or your spouse.
• What you consider your private matters on social media are considered in the public domain and may be exposed.
• Can be used to demonstrate Infidelity or another cause for divorce.
• Can be used in some states to determine Alimony.
• Can be used to question your or your spouse's Credibility and Honesty.
• Can be used to verify your Financial Documentation.
• Can be used to verify other Submitted Legal Documents.
• Can be used to determine Child Support.
• Can be used to determine the results of the Parenting Plan and Timeshare.
• Can be used to determine if you or your spouse is Unfit as a parent (such as smoking around the kids, doing drugs, drinking in front of the kids, etc.).
• Can be used as Evidence regarding the time and place of various actions.
• Can be used to show Spending Habits to create a more accurate depiction of your income or to depict that you are financially better off than you actually are.

REMEMBER your social media profiles can be used to reflect the character of your person, your parenting skills and abilities, and ultimately may negatively affect your children’s lives.