Divorce Evidence Online: Beware of the Internet During Divorce

Beware: Just like you hear on television and the movies, "What you say can and will be held against you in a court of law." If you post things on the internet, the opposing party may bring them up in court or to squeeze you into settling on less than optimal terms. For example, if you are trying to win custody of your children and there is a picture of you on Facebook or MySpace smoking and drinking in front of your child, do not expect an easy victory in a custody dispute.

If you claim you have no money with which to pay spousal support but then state on your Match.com page that you make substantial sums of money (in an effort to entice potential suitors), you’re going to have to explain yourself in court.

These are just a couple of examples that I’ve seen people confront while going through a divorce. You should also beware that there is software that allows a person to remotely monitor all activity on a computer. So, if you are sending e-mails to your paramour or your lawyer, your soon to be ex may be watching (whether its legal to do so or not)

In certain cases, I’ve recently demanded that the opposing party provide printouts of their Facebook, Myspace or other social networking site profiles and status updates. I’ve demanded copies of internet blogs that the opposing party has written or contributed and materials posted on job search websites, such as Monster.com. If it is called for, I have even gone so far as to subpoena and pay an expert to examine an opposing party’s hard drive.

Take Advantage: When appropriate, encourage your lawyer to utilize some of the above strategies. Be sure to google your spouse, your children, yourself, your attorneys, the judge, and any experts involved in your case. You may find helpful or damaging information. Either way, it is better to know the information exists so it can be dealt with appropriately. If a contentious divorce is in your future, clean up your online presence.

Better advice: Be great. If you’re a great person, things will tend to go well. If you’re not, life will be more difficult and who needs that?

From the author: Oregon Family Law Attorney

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