Is the use of social media impacting divorce?

Judith S. Charny, Esq., a family lawyer in Mount Laurel, New Jersey, answers:

Yes, very much so! With so many adults now on Facebook and other social media sites, their spouses are seeing and learning things about them that they would otherwise never see or know. Many of our clients have become their own detectives as their spouses “tell-all” on the likes of Facebook. If you don’t want your spouse or ex-spouse to know, don’t post it. Even though it may be a “no-brainer”, sharing photos of yourself with a boyfriend or girlfriend or partying with people that your spouse doesn’t know can certainly create big problems for the relationship.

Furthermore, this can create problems once divorce proceedings are under way. For example, in more and more cases, the Courts are being asked to subpoena Facebook (or other social media) records in divorce and family law matters, and permitting the use of such material as evidence in divorce trials or other plenary hearings. So remember — if you post it, anyone can see it or get it, even your spouse and his or her attorney!

Judith S. Charny has been practicing law in South Jersey since 1984 and established her own practice in 1999. Ms. Charny concentrates in divorce and family law, including collaborative law and divorce mediation.