Facebook and Divorce

I appeared on Action 4 News this week to comment on the use of Facebook postings in legal cases, particularly divorce.

Here is the story and the video:

Action 4 News Story

Commenting on some pictures while on Facebook can land you in court

Be careful with what you post in Facebook because it may be held against you in court.

Attorneys can now use Facebook posts, pictures and comments as evidence.

“It is a very effective tool for a skilled divorce attorney to use Facebook in a way to show that there might be foul play in divorce,” Ricardo Barrera, attorney, said. “That there might be some neglect towards children or somebody not acting to the best interest of their child.”

Last year in Cameron County 1,433 divorces were granted.

Harlingen attorney Ricardo Barrera tells Action 4 News, half of those cases involve couples with children.

Barrera says over the last 2 years, more couples are using Facebook to prove their cases.

“There could be evidence of adultery, criminality, all kinds of things that can lead a jury or judge to believe there is foul play on divorce,” Barrera said.

Barrera said he’s used Facebook as evidence in over a dozen cases.

He said that it’s not only those getting divorced that must testify, but also those who like or comment on your posts or pictures.

“People can be made to testify what is in the picture or ever having seen the picture.” Barrera said.

If you say no, you could get subpoenaed.

“My advice is watch what you post, make sure that you understand when you put something out there, that’s public knowledge and can be used against you in court.”

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