The breakdown of a marriage can be difficult for both spouses, and in some cases, marital issues may become public knowledge due to details that a couple, their children, or other family members or friends share on social media. Since so many people are used to sharing information about themselves when they use Facebook, Instagram, TikTok, Twitter, or other social networks, they may expect that they can continue to discuss their lives online during the divorce process. However, it is important to understand what types of information should or should not be shared and how posts on social media may play a role in a couple’s divorce.
Social Media Posts as Evidence in a Divorce Case
Information posted online, such as photos or status updates, is generally available to the public. This means that anything posted to social media could potentially be raised during the divorce process. Even posts that a person believes are private could be uncovered by the other spouse or their attorney. Because of this, it is important to treat everything posted on social media as something that could potentially be raised in divorce court.
However, social media posts will only play a role in divorce if they are relevant to the legal proceedings. For example, a person may have found posts that indicate that their spouse is having an affair, and they may believe that this information could be used to show that the other party is responsible for their divorce. However, Michigan is a no-fault divorce state, and a divorce petition will not include any fault-based grounds for divorce or state that either spouse is to blame for the end of their marriage. This evidence would not be relevant when filing for divorce, but it could potentially be raised later in the divorce process if it affects decisions about issues such as the division of marital property.
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