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Online posts as evidence when couples split up

New Mexico residents involved in a divorce process might be concerned with the role evidence from social media accounts can play. As an increasing number of people have at least one social media account, posts from these accounts are often admissible by courts as evidence to prove infidelity, hidden assets and matters that affect custody cases.

Modern divorce reflects modern times, so the use of social media will often be a point of interest for the parties involved in the process. While most states will not allow someone to illegally acquire social media content by opening fake accounts to access the information, courts will allow information obtained legally. This includes information from public posts or information reposted or shared by third parties.

The concern about online posts as evidence reflects the information collected by Web Preserver, which shows that one third of divorce cases originate due to affairs conducted online. In addition, Web Preserver found that 81% of lawyers who are looking for social media evidence find evidence admissible in court, and 66% use Facebook as a credible evidence source. Each state, however, decides how they will handle the admission of social media evidence in divorce cases. Since this varies, a lawyer representing a client must be aware of the rules regarding social media evidence in their state and how the use of such evidence can affect their client or the entire divorce case.

For residents going through divorces, a family law lawyer might provide advice about how to acquire social media evidence and which evidence will be worth introducing in court. A lawyer may also offer representation for negotiations with an ex and court appearances and help their client prepare for the process.

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