Evidence

'Kissy Pix,' Frenemies & Other FB Foibles Are a Motherlode for Matrimonial Lawyers

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Once upon a time, it was hard for matrimonial lawyers to help clients show that a soon-to-be-former spouse was lying. But that was before Facebook and other social networking sites became ubiquitous.

“Kissy pix” documenting extramarital affairs are just a small fraction of the online motherlode, reports the Associated Press. It’s also a bad idea for those in the midst of a divorce to post photos of themselves smoking pot and describe themselves as childless while simultaneously seeking new love online and full custody of the kids in court, among other errors.

Although people sometimes do think to reset privacy controls to prevent a former spouse from seeing too much, “frenemies” who have access to the same material can be a rich source of adverse evidence, the article notes.

“You’re finding information that you just never get in the normal discovery process—ever,” says Leslie Matthews, a Denver divorce attorney. “People are just blabbing things all over Facebook. People don’t yet quite connect what they’re saying in their divorce cases is completely different from what they’re saying on Facebook. It doesn’t even occur to them that they’d be found out.”

Also see:

ABAJournal.com: “Facebook Is ‘Unrivaled Leader’ for Online Divorce Evidence, Survey Says”

ABAJournal.com: “Many Wince at Above the Law Blogger’s Chilling Account of Online ‘Stalk’”

Time: “Facebook and Divorce: Airing the Dirty Laundry” (2009)

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