Technology As Weapons in Divorce

Technology plays a major role in divorce cases.  Technology, particularly social media apps like Facebook, Tinder, and even text messages, are coming up as issues.  Sometimes, the use of technology is the cause of the divorce, while other times technology provides evidence to be used in divorce litigation.  It is estimated that as many and one-third of divorce cases around the country mention Facebook.  Many states are “fault” states when it comes to divorces.  In these states, divorce lawyers will use evidence of adultery committed using technology to be the justification for divorce.  Florida is a “no-fault” state when it comes to divorces.  What this means is that there doesn’t have to be a reason for the divorce in Florida, other than the marriage is “irretrievably broken”.  As long as one of the parties no longer want to be married, a divorce can move forward.  Florida divorce lawyers typically will use information gathered via technology to present evidence to the court for various reasons, but its use to justify a divorce is not needed.

As a Jacksonville divorce lawyer, I see text messages used most often as evidence for or against a party to a divorce case than any other form of technology.  The text messages are introduced regarding all types of divorce issues.  When a party is in the middle of litigation, it is a good idea to be careful about the messages sent via text or some other media, such as Facebook Messenger.  The things that are posted on social media should be selected carefully, as well.  For instance, if one party states that he or she has no means of income at all and is looking for spousal support, but makes posts on Facebook advertising the operation of a business, this can be harmful to that party’s position.  Other examples are where parents are litigating over custody of children.  Having evidence that one parent has made efforts to let the other parent visit with the children, despite claims that no such efforts were made can be helpful.

Many various of the issues involving technology and its use for or against a party can come about.  The rules of evidence will play a part on what can be used and what cannot be used in the case.  Contacting a Jacksonville divorce lawyer early on in the process will help ensure the best possible outcome in your case.  For more information on divorces in general or to schedule your free initial consultation, call us today at (904) 685-1200.