How Your Social Media Could Affect Your Divorce Case
In today’s digital age, social media plays a big role in many people’s lives. However, during a divorce case in Bartlesville, what you post—and what others post on your accounts—can be used as evidence in court. This means that something as simple as a photo, a comment, or a status update could impact decisions about child custody, support, property division, or even your reputation.
Oklahoma courts allow discovery of social media content when it is relevant or may lead to important evidence. Under Oklahoma’s discovery rules, parties may be required to produce documents or electronically stored information that is in their possession or control. Okla. Stat. tit. 12. § 3234(A)(1). This includes posts, messages, pictures, and videos from platforms like Facebook, Twitter, and Tumblr. Since social media is often public or accessible to others, the courts generally do not recognize privacy claims over posts shared online, making it easier for opposing parties to obtain this evidence.
If you are going through a divorce, it is important to understand that anything you post can be seen by your spouse, their attorneys, and even the judge. There is no property interest in your social media account, so the content belongs to the platform, not to you. Okla. Stat. tit. 12 §§ 3226, 3234. This means your posts are not private, even if you think your settings are restricted. Also, content shared by your friends on your page can be used against you.
When Social Media Posts Become Evidence
Social media evidence must meet certain rules to be admitted in court. Under Oklahoma’s Evidence Code, the evidence needs to make a fact more or less likely to be true to be relevant. Okla. Stat. tit. 12. § 2401. The court will weigh whether the value of this evidence outweighs any risk of unfair prejudice or confusion. Okla. Stat. tit. 12. § 2403. For example, a single post showing behavior inconsistent with your claims may be admitted, but an entire social media profile probably will not be.
Authentication of social media content is also necessary. This means someone must show that the post or message is genuine and belongs to the person claiming it. Okla. Stat. tit. 12. § 2901. This can be done by showing the content’s unique characteristics or through testimony. However, some types of posts, like comments from third parties, may be considered hearsay and thus inadmissible unless an exception applies. Okla. Stat. tit. 12. §§ 2801, 2803.
Due to these complexities, it is wise to consult with experienced divorce lawyers who understand how to properly gather and challenge social media evidence in Bartlesville courts.
Protecting Yourself During Discovery
Discovery is the process where each party can request information from the other to prepare for trial. In divorce cases, this often includes social media content. Oklahoma law limits discovery when the information is not reasonably accessible due to undue burden or cost. Okla. Stat. tit. 12. § 3226(2)(b). Still, many social media posts are easy to access and must be disclosed if relevant.
Clients should be warned that social media accounts are monitored closely during divorce cases. Posting new content or allowing friends to post on your page can inadvertently harm your case. Courts have ruled that posting on social media accessible to the opposing party is essentially the same as sending them an email directly. Therefore, many lawyers advise clients to suspend or close social media accounts until the case concludes to avoid damaging misunderstandings.
Attorneys cannot use deceptive or secret methods to access private social media accounts, but they can rely on publicly available information and formal discovery requests. Okla. Stat. tit. 12 § 3226. If you need guidance on how to handle your social media during a divorce, the team at Wirth Law Office – Bartlesville can help you navigate these issues safely.
Legal and Ethical Considerations for Lawyers
Lawyers involved in divorce cases must follow strict ethical rules when dealing with social media evidence. They cannot act as fact witnesses by personally collecting social media posts but may have qualified staff, such as paralegals, assist in gathering relevant information. Additionally, attorneys are prohibited from using fraud or deceit to obtain social media evidence. Okla. Stat. tit. 5, R. Prof. Conduct.
Lawyers must also inform clients about the risks of social media use during litigation, including the possibility of breaching attorney-client privilege if harmful information is shared online. This communication helps clients avoid actions that could harm their case and ensures they understand how social media evidence might be used against them in court.
For anyone facing a divorce in Bartlesville, consulting knowledgeable Bartlesville lawyers is critical to protecting your interests and understanding how social media impacts your case.
Contact Bartlesville Lawyers Today
Divorce cases involving social media can be complicated and emotionally charged. The right legal guidance can help you avoid costly mistakes and protect your rights. If you need legal help, call Wirth Law Office – Bartlesville at 918-213-0950. Their experienced team understands the nuances of Oklahoma family law and can provide clear advice tailored to your situation. Remember, while social media can affect your case, careful planning and professional support can make a significant difference in your outcome.
