Divorce Attorneys Serving Clients in the Chicago Area

Making Smart Decisions on Social Media

Any information that is available publicly—such as public pages on Facebook, Instagram, or Twitter—may be fair game in a divorce and it is possible that information shared publicly can hurt you in your divorce settlement. For example, posting a series of photos can let your spouse and his or her attorney learn a lot of information about you, such as where you went on a specific day and who you spent time with on that day, which, depending on the issues involved, may negatively affect your case. Social media posts can also provide information about any major new purchases, such as a picture of you with a new sports car or a new expensive piece of exercise equipment, that could cause a potential issue with a financial settlement.

In addition to information that could be pertinent when it comes to property division, social media sites can also provide evidence in child custody cases, which are now known as cases in which “parental responsibilities” and “parenting time” are being allocated. If a photograph posted on social media depicts one of the parents in a manner that could hurt his or her chances for being able to make important decisions about the child’s well-being and upbringing, a judge’s ruling could be influenced.

Preserving All Forms of Communication

Generally speaking, courts will allow evidence obtained from social media sites into divorce cases. How do courts view forms of electronic communication, such as texts or emails? If you have texts or emails exchanged between yourself and your spouse, it is important to keep records of these as they may end up being crucial to your divorce case. But how does the court handle electronic communications that you obtained without your spouse’s consent? For instance, what if you hacked into your spouse’s email (or vice versa) to get personal information?

Illinois has a computer fraud law (720 ILCS 5/) that makes it illegal to engage in any kind of electronic snooping that requires hacking into a person’s emails or computer data. In addition, recording cell phone conversations without your spouse’s consent can also be illegal. The same goes for video recordings of a spouse without his or her knowledge. This is where the line between legal snooping or record keeping is crossed and becomes illegal activity that you want to avoid as the consequences can extend beyond your divorce settlement.

An Experienced Divorce Lawyer Can Help

If you have questions about the role of electronic snooping in divorce cases, the Women’s Divorce & Family Law Group can assist you in discussing your case.