Facebook Divorce and Child Custody

ByChris A. Spofford Hours Categories Divorce

Secret accounts, messages from strangers and reconnecting with old flames have all been made very easy with social media. Throughout my years as a paralegal, I have seen Facebook and social media as a factor in the demise of many relationships.

Facebook Divorce Statistics

According to FindLaw, “Information found on popular social networking sites has given divorce lawyers new tools in their divorce toolkits. Facebook and other sites are changing the legal landscape in divorce and child custody cases.” FindLaw reports that two-thirds of U.S. lawyers say Facebook is the primary source of evidence used in divorce cases.

During a divorce or child custody case, your social media account is fair game. In fact, more often than not, opposing attorneys will request a complete download of the opposing party’s Facebook archive. This archive includes all those secret messages you thought you deleted and anything you’ve ever put on Facebook. This information can then be used against you in your lawsuit.

Do Not Delete Anything

If you are involved in legal action, do not delete anything until you have discussed it with your lawyer first. If the judge finds out that you have deleted this information, you could be found guilty of destroying evidence, which is a very serious violation. The very fact that you deleted this information during your lawsuit can then be used against you. Destruction of evidence can lead to serious consequences, including the loss of child custody by a parent.

The moral of this story is: do not send messages that you don’t want to be displayed in a courtroom where you will have to explain why you said what you said or why you were communicating with that person in the first place.

For help with your concerns about divorce or child custody, contact the Law Office of Chris A. Spofford for a consultation.

Chris A. Spofford, Family Law and Divorce Attorney
+ posts

Chris A. Spofford is a Houston-based divorce and family law attorney with over 30 years of experience. He has assisted thousands of Texans in navigating the complex waters of divorce and family law matters.

Chris was among the first lawyers in Texas to be trained in Collaborative Divorce in 2000. He has distinguished himself in both intense courtroom trials and through innovative alternatives such as divorce mediation and collaborative family law.

Similar Posts

  • Tips For Managing Conflict During Your Divorce

    ByChris A. Spofford

    You are at one of the worst points in your life when you are going through a divorce.  As a result, conflict is inevitable. You want one thing in the divorce settlement, but your spouse wants something else. That kind of conflict is normal. When the conflict colors every aspect of the case it can become problematic. Putting the Kids First When there are children in a marriage, it is important to focus on decisions that are in the children’s best interest. While it is impossible to completely shield children from the divorce, it is important that the parents monitor how the kids are affected by the process and the inevitable conflict caused by the divorce. When each parent puts the children first in their…

  • How Do You Tell Your Spouse You Want a Divorce?

    ByChris A. Spofford

    Telling your spouse that you want a divorce is hard. You may not want to face them.  You may not want to look them in the eye. You may not want them looking you in the eyes and asking you, “Why?”. In the long run, having a formal conversation is better for the divorce process and your post-divorce life than just being served with a divorce lawsuit. Many people tell their spouse that they want a divorce by sitting down at the kitchen table and just having a conversation. Rip that band-aid off quickly. You could say, “I just want a divorce. I’m just not in love with you anymore. I want to move on with my life.” Maybe they will accept it, move their…

  • Can I Date During My Divorce?

    ByChris A. Spofford

    One of the often-debated topics involving divorce is dating.  It’s a topic laden with various implications, especially when children are involved. Let’s address the elephant in the room: dating during a divorce when children are part of the equation. Here’s the crux—if you’re vying for custody of your children, engaging in dating during the divorce can inadvertently create hurdles. It might send the message that your focus is divided, potentially affecting your credibility as a dedicated parent in the eyes of the court. Introducing a new partner (especially to the kids) during this legal process could significantly impact custody negotiations, as it might confuse or distress the children further, leaving them in a precarious emotional position. However, even if custody isn’t an issue, there are…

  • 7 Common Divorce Mistakes to Avoid in Texas

    ByChris A. Spofford

    Divorce in Texas can get financially and emotionally costly if you make common mistakes like hiding assets, overlooking retirement accounts, or letting emotions guide decisions. There are some common divorce mistakes to avoid that will save you time, money, and unnecessary stress. Whether you are just beginning the process or already knee-deep in paperwork and negotiations, here are some of the most common divorce mistakes I have seen people make—and how to avoid them. 1. Letting Emotions Drive Legal Decisions Divorce is emotional—it is also a legal process. Many people make the mistake of acting out of anger, resentment, or fear, which can lead to decisions that are not in their best long-term interest. For example: Tip: Work with a calm, experienced attorney who can…

  • What Are My Options For Divorce?

    ByChris A. Spofford

    Most people think that the only way to get divorced is by going to court and having a judge decide the issues. The reality is that most divorce cases don’t have to go to court and that there are better ways to handle your divorce.  In going to court, the result is completely out of your control and completely in the judge’s hands or, in certain cases, the jury. No matter how strong your case, how good your facts, or how much you think the law is on your side, no one can predict how the judge what verdict a jury may return. The alternatives to going to court put more control in your hands over the outcome of the case. Collaborative Divorce Collaborative Divorce…

  • Rules For Using Social Media During the Divorce Process

    ByChris A. Spofford

    There are some important considerations for using social media during your divorce process.  Social media can have significant implications for your case. While as a rule, I would recommend not using social media during the divorce process, if you just can’t turn it off here are some rules that I recommend. In summary, social media can significantly affect your divorce case. It’s crucial to exercise caution, be mindful of what you share, and consider the potential implications of your posts on your legal proceedings. In many cases, limiting your social media activity during the divorce process is a wise choice to protect your interests. For more information or to schedule a consultation call (713) 526-2400. The office of Chris A. Spofford, Family Lawyer is located at 3000 Weslayan,…