It’s true that everything you do online is recorded somewhere. Because of this, you should always be careful about what you say and post online.
Everything you say and do online AND by text message is subject to discovery in a family law case. More and more, Facebook postings and other social media and text communications are being introduced as evidence in family law cases.
Deleting posts will not prevent the opposing party from issuing a subpoena to Facebook or any other social media or communications company for production of your file. Just because you deleted it does not mean that the record no longer exists.
Further, if you are involved in litigation already, attempting to remove information that may be relevant to the case whether it favors you or not may be considered spoliation of evidence. Spoliation of evidence can be very harmful to your case and could result in sanctions.
The best advice is to be careful what you post because you never know how it can come back to haunt you. Also, if you are in the middle of a case or expect to be involved in a case, getting offline by suspending or cancelling your account is the smart choice.
Brought to you by The Spagnola Law Firm, a family law and bankruptcy firm in Greensboro, NC. Serving Guilford County and surrounding counties.